Question : Sexual Offence against Children

(a) the number of cases registered against guardians for sexual offence against children during each of the last three years and the current year, State/UT-wise;
(b) whether there is legal prohibition regarding the right of giving custody or meeting by a father committing sexual offence till he is convicted in a trial;
(c) if so, the details thereof and the reaction of the Government thereto;
(d) the time by which the Government is likely to formulate guidelines to check the right of custody or claim of meeting of the guardian guilty of sexual offence; and
(e) the other steps taken by the Government to check such sexual offences?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(DR. VIRENDRA KUMAR)

(a) As per National Crime Records Bureau(NCRB), the specific information on cases registered against guardians for sexual offences against children is not available with the NCRB. However, as per the data collected by NCRB from States/UTs for the publication “Crime in India-2016”, in 94.6% of the cases offenders are known to the victims. Among these, around 10% of the offenders are very close family members(viz. grand father, father, brother, son and other relatives) to the victims and remaining 84.6% offenders known to the victims include Neighbours, Employer/Co-Workers, Live in Partner/Separated Husband, Persons who promised to marry with the victim etc.

(b) & (c) There is no legal prohibition of giving custody or meeting by a father committing sexual offences under Protection of Children from Sexual Offences Act, 2012. However, as per rule 74(3) of Justice and Juvenile (Care and Protection of Children), Model rules, 2016, no meeting shall be permitted with the parent or guardian or relatives where such visitors have been found to be involved in subjecting the child to violence, abuse and exploitation or carrying any prohibited articles, except with the express permission granted by the Board or the Committee of the Children’s Court or when such meeting has been specifically directed by the counselor of the child.

(d) & (e) No such proposal is under examination.

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