Kerala, proclaimed as the model of development, is not far behind in crimes against children. The series of abuses in the supposedly most protected institution of the school in Kannur has seen the Chief Minister and social welfare minister making pronouncements that stringent action would be initiated against criminals. But what action can a society expect from power structures who have used power to protect criminals using the lacunae of law. The excuse often raised is that reporting is higher in Kerala.
Child sexual abuse is a crime which has been constantly reported in Kerala since the incident in Suryanelli and has been the focal point around which women's groups have mobilized but there has been no legal redressal or succour.
The series of cases like Suryanelli, Vithura, ice cream parlour, Pandalam, Thoppumpady, etc. has brutally shown us the absolute corrosion of the cultural ethos and social fabric of Kerala society. Discussions around these cases have ended up in the provocativeness of the child's body and her behaviour and the plate is turned around to say that the child enjoyed the activity and never tried to escape.
In my doctoral research submitted to M G University, in which data was collected from five districts of Thiruvananthapurm, Ernakulam, Thrissur, Malappuram and Wayanad, it was seen that around 500 cases were registered but none of them were solved or redressed.
The age group ranged from children of 2 years to 18 years but the cases had hardly moved beyond charge sheeting. The data clearly revealed that the abusers were mostly normal men leading ordinary lives and did not have any forms of mental illnesses. It is clearly seen that most of the accused are persons well known to the child and having very close relationship to the child.
Kerala Mahila Samakhya Society in 2008 had begun a programme to sensitise teachers and functionaries on gender and exclusion issues and as a sequel the teachers began to take up protection and social issues as their mandate.
The help desk programme was carried out in convergence with SSA and it was thought of as a mechanism to deal with issues ranging from infrastructural like lack of toilets, resources, teaching- learning material, behaviour and attitude of teachers, planning and engender the school development plan.
There were series of training for teachers, CRC and BRC and the teachers began reporting on child rights violation. Mahila Samakhya was engaged in crisis intervention and within a span of 6 months, there were crisis intervention in around 430 cases.
Abuse by teachers and HM had always been reported as a regular feature in Kerala and most of these cases end up in compromising and condoning the abused. The school has only been thought of in Kerala as an academic institution and not one which focuses on the integral progress of the child. Has the abuse of so many children in the most respected institution of school ever raised any protest from the society?
Despite Kerala's tremendous changes in the educational scenario, the school is yet to become an inclusive place with gender equality and social justice. With Right to Education Act, 2009, Kerala must have succeeded in enrollment and retention but has a long way to go with respect to creation of access to the most vulnerable tribal communities, equal spaces for girl children and children from tribal and coastal areas and other disadvantaged communities.
Gendering and gender segregation and discrimination are practised with as much as severity as practised as in the general society. Sexualisation of the dress code and behaviour is practised with impunity. Gendering and discrimination in the school exist with respect to infrastructure for e.g. the lack of girl-friendly toilets, resources, differential behaviour towards boy and girl children and stereotypical assumptions about their behaviour.
The law had been very limited in its application with only sections IPC 354 addressing molestation, IPC 376 addressing rape and IPC 377 addressing unnatural offences. Despite the amendments of preserving the confidentiality of the victim and the need to have in-camera proceedings, the victimised children have been subjected to grueling court procedure and finally the release of the accused with the excuse that it was consensual.
The institution of the school should take the lead in ensuring equality and inclusion. With the historic legislation of Right to education Act which has equity, inclusion and non-discrimination as non-negotiables, institutional mechanisms like shiksha samvaad (awareness building dialogues) with the community can be held to enhance awareness and engage in the immediate redressal of grievances.
Nirbhaya should make changes in the ground rather than only at the conceptual level. State Commission should be mandatorily set up and engage members who proactively engage in issues of child protection and safety. But the will of the government is paramount to achieve any of these legislations and to strictly implement it. Will the Kerala government ever rise to seriously consider child protection as its agenda ?
(The author is National Mission Manager, National Rural Livelihood Mission)
