III. Analysis - Legal inadequacies

Enormous complications come into play in India when the truth needs to be told as it is. Due to our innate social hypocrisy, anything that leads to the truth is perceived as a threat by a very large section of the society. Taking a look at serious loopholes in Indian law with regards to sexual offenses against children. (Article 375, 376)

(i) Rape - Penile penetration in a vagina is the only kind which constitutes rape legally. Digital, oral, or object penetration are not considered.

(ii) 'Outraging modesty' - Non penetrative sexual contact with Children - cannot be penalized with the same parameters as applied to adults.

(iii) Sexual assault by a person in position of trust needs to be penalized more severely.

(iv) There is no standardization of process to deal with a child victim in court, which can lead to severe problems to his/her psychology.

(v) Need for fast trials, and a set up for dealing with child protection cases. Cases of sexual offense against child, come up for hearing when child is of a mature/marriageable age.

- Courtesy, Bitter Chocolate.

A lot many factors pointing to the need for a separate law for dealing with Child sexual abuse.