Child abuse: can India afford to remain in denial?

Traditional notions of the Indian family allow child abuse to happen with impunity.

 

Last week in the Indian capital Delhi two men drank, watched porn and then lured a five year old from her play area using a chocolate as bait. They kept her in captivity in a rented room in the same building where she lives with her parents and systematically raped her, in turn. For three days. Her cries led neighbours to find her locked in the room, bruised and bleeding. By then, the two men had fled, thinking they had left the child for dead.

Doctors treating the child say they extricated pieces of candle and glass bottle from the little girl’s vaginal orifice. The rapists have confessed to inserting candle parts and a glass bottle into the child in a panicked attempt to stop her bleeding, while confirming that the child was raped even after she began bleeding profusely. She has suffered severe internal injuries as a result and will now need surgery to reconstruct her intestines.

This horrific case has triggered angry protest marches in Delhi, akin to what the city witnessed after the excruciatingly brutal gangrape of a 23-year-old student aboard a bus in December 2012. This time even school children have played a vocal part in the anti-rape demonstrations. Yet rapes and child rapes are continuing unabated.

Just last week the case of a four-year-old girl raped by her neighbour in Haryana  – a state that borders Delhi – was reported, along with the rapes of a five-year-old girl in the central Indian state of Madhya Pradesh, a six-year-old girl in the state of Uttar Pradesh, two rapes involving two twelve year olds, and a thirteen-year-old who was gang-raped in Delhi for nine days.

Between 2001 and2011 there have been 48,000 cases of child sexual abuse. Moreover, there has been a 336 per cent jump in cases between 2001 and now. The Indian media is now calling these numbers an epidemic.

There is a valid argument to be made about woefully inadequate public services fuelling the crisis. Inadequate forensic labs, dysfunctional police training colleges, corruption and a lack of sensitisation are key among factors that exacerbate an institutional apathy that victimises the victim. In this most recent case on the nation’s radar, police officers offered the child’s family 2,000 rupees (£20 approx) as a price for their silence.

Yet the most compelling deterrent to such crimes can only come from a change in familial mindsets. India prides itself as a child-friendly country where within families, members of the immediate and extended family are believed to view children as a prime source of their family’s joy. But statistics suggest that the home is where the Indian child and woman is most unsafe. “Ninety-seven per cent [of rapes] are committed within homes, three per cent by strangers,” Delhi’s police commissioner confirmed in an address earlier this week.

Most cases of sexual abuse happening in domestic environments go unreported. But reported cases alone suggest that rape and child sexual abuse are mostly happening within the home and with a disturbingly increasing frequency. A harsh spotlight ought to be put on prevailing notions of the Indian family. The universal understanding in India that the family system is beyond reproach and family elders are perpetually pristine must be questioned.

In Indian society appearances are paramount and the keeping up of appearances by families is the epicentre of this societal veneer. “Covering up” for family members is an essential part of maintaining this veneer. Moreover, as a culture at large, and within families in particular, elders are considered to be beyond blame and censure. Youngsters are told that  elders are the apotheosis of all that is best and beautiful. Accordingly, the young are expected to exhibit an unquestionable reverence to all elders and especially towards relatives.

In Indian culture, every blood relationship has an ascribed moniker such as chacha for father’s brother, mama for mother’s brother and so on. It is under the guise of these sobriquets that relatives commit heinous crimes within their families with impunity. More chillingly, when a child or woman makes abuse known, the social stigma is seen to lie with the victim, not with the perpetrator. A mentality that espouses that children know less, compared with elders who are always right sadly still holds sway. At best, this patronises the child, and at worst labels him or her a repository of shame and discredit. The child is simply put down for his/her audacious attempt to malign a much-respected relative. Hushing up cases of abuse then maintains the status quo of the pride and place of the extended family in the wider culture.

Unsettlingly, the mindset that emanates from traditional notions of the Indian family is seen to empower family members to commit sex crimes towards children, knowing they will be well protected. When tradition serves as a veil behind which atrocities can happen without censure, then tradition must be called up, put in the dock and sent to the gallows. A society that fails its children, has failed entirely. India cannot afford to remain in denial about child sexual abuse any longer. Corrective measures are essential. But shrill chants on the streets in themselves will not herald the urgent change needed. Change has to start with the mindset in every Indian home.  

A placard is seen as demonstrators participate in a protest in Allahabad. Photograph: Getty Images
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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.