1. GEETA SEKHON (Ph. D) geetasekhon@yahoo.com S EXUAL E XPLOITATION OF W OMEN AND C HILDREN T HE L EGAL F RAMEWORK

2. The question is no longer … What can be done about sexual exploitation of women and children, but rather how we can do more and do it better. There is no time to lose or waste. 2

3. O UTLINE OF THE P RESENTATION Defining and Understanding the Problem Crime Statistics The Indian Legal Framework Challenges 3

4. D EFINING THE P ROBLEM 4

5. S EXUAL E XPLOITATION OF W OMEN The term “sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. 5

6. V IOLENCE A GAINST W OMEN The term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life 6

7. C HILD S EXUAL E XPLOITATION Sexual exploitation of children means the use of children under 18 years for the sexual satisfaction of adults. 7

8. C OMMERCIAL S EXUAL E XPLOITATION The commercial sexual exploitation of a child comprises sexual abuse by the adult and remuneration in cash or kind to the child or a third person or persons. The child is treated as a sexual object and as a commercial object. 8

9. I NTERNATIONAL I NSTRUMENTS Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),1979 Convention on the Rights of the Child (CRC), 1989 Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography, 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000 9

10. R EGIONAL I NSTRUMENTS SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, 2002 SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, 2002 10

11. F ORMS OF SEXUAL E XPLOITATION 11

12. F ORMS OF C HILD S EXUAL E XPLOITATION Sexual Abuse At Home - Intra - Familial Sexual Abuse Institutional Sexual Abuse - Extra – Familial Sexual Abuse Sexual abuse at the work place Sexual abuse / exploitation within the context of traditional, cultural and religious practices 12

13. C HILD S EXUAL E XPLOITATION... Sexual abuse / exploitation of street children Sexual abuse and commercial sexual exploitation for –  Prostitution  Pornography  Sex - Tourism 13

14. S EXUAL E XPLOITATION OF W OMEN Sexual abuse and violence Trafficking for commercial sexual exploitation Sexual harassment at the place of work Sexual abuse / exploitation within the context of traditional, cultural and religious practices 14

15. D IMENSIONS OF THE P ROBLEM 15

16. C RIME IN I NDIA R EPORT - 2012 Crimes Against Women - Crimes Against Children - 60 minutes - 2.84 cases of rape were reported 98.2% of rape cases – offenders known to the victims 16 2, 44, 270 38, 172

17. T HE I NDIAN L EGAL F RAMEWORK 17

18. C ONSTITUTION OF I NDIA, 1950  Equality before law - Article 14  No discrimination against any citizen - Article 15  Special provision in favour of women and children - Article 15  Traffic in human beings and forced labour are prohibited – Article 23 18

19. C ONSTITUTION …  Securing equally the right to livelihood + Equal pay for equal work - Article 39  Just and humane conditions of work and maternity relief - Article 42  Renounce practices derogatory to the dignity of women - Article 51  Political rights – Article 243 19

20. L EGAL F RAMEWORK  Indian Penal Code, 1860  Immoral Traffic (Prevention) Act, 1986  Indecent Representation of Women (Prohibition) Act, 1986  Protection of Women from Domestic Violence Act, 2005  Prohibition of Child Marriage Act, 2006 20

21. L EGAL F RAMEWORK …  Protection of Children from Sexual Offences Act, 2012  Sexual Harassment of Women at Workplace Act, 2013  The Information Technology Act, 2000  National Commission for Women Act, 1990  The Commissions for Protection of Child Rights Act, 2005 21

22. P ERSPECTIVE ON C YBER C RIMES A GAINST W OMEN AND C HILDREN 22

23. C YBER C RIMES AGAINST C HILDREN  India is now world’s third largest Internet user after U.S. and China.  India now has nearly 74 million Internet users.  The Telecom Regulatory Authority of India (TRAI) - number of Internet subscribers in India at 164.81 million as of March 31, 2013. 23

24. C HALLENGES 24

25. C HALLENGES  Legislative framework  Law enforcement related  Societal 25

26. T HANK Y OU