Ekta Gupta

The name itself is a threat, a warning to the most pious creation on this earth named as child.

It is highly undesirable that any child should have to think that his or her birth was a mistake or a disaster.

Child Sex Tourism- a practice, a sin, a monstrous attitude towards the most wonderful creation of God i.e. Child

Child Sex Tourism is a form of commercial sexual exploitation of children and an ubiquitous practice that has perilous implications for both children and society throughout the world.

It is a lucrative multi-million dollar industry that fuels avarice and corruption while attracting organized crime syndicates and transnational trafficking networks, affecting an estimated two million children worldwide every year. In 1998, the International Labor Organization reported in its calculations that 2-14% of the gross domestic product of Indonesia, Malaysia, Philippines and Thailand derives from sex tourism. In addition while Asian countries including Thailand, India and the Philippines, have long been prime destinations for child sex tourists, in recent years tourists have increasingly travelled to Mexico and Central America for their sexual exploits as well. The commercial sexual exploitation of children is universally condemned as an abuse of Human Right under International Conventions including the Convention on the Rights of the Child.

Sexual exploitation violates children’s rights to protection, development and even survival where children contract a disease like HIV/AIDS.

Children suffer both from the consequences of forced and unsafe sex and associated harms like threat, beatings, confinement and lack of healthcare or education.

Millions of children around the world are victims of sexual exploitation through:

  • Prostitution

  • Pornography

  • Sex trafficking

  • Child Sex Tourism

A major element to take care is the identification of factors that make children vulnerable to child sex tourism. Although ‘poverty’ is a major underpinning issue in the exploitation of children, there are many other factors that force children into situations where they become most vulnerable. Divided into push and pull factors they are as following:

 

Push Factors

  • Lack of economic opportunities, especially for girl children.

  • Lack of education opportunities, especially for girl children.

  • Ignorance about the physical and psychological impact of sexual abuse.

  • Abuse within the family, close community.

  • Welfare policies and programmes not implemented.

  • Aspiration for a better life.

  • Desire for consumer goods.

  • Perception that being with the tourist increases personal status and opportunity.

  • Unregulated and aggressive tourism development across the region whether or not tourism arrivals have dropped or increased.

 

Pull Factors

  • The powerless position of children in society.

  • Constraints of gender and violence.

  • Organized crime, including trafficking of children.

  • Sexualized promotion of tourism.

  • Inaction by police and other authorities, corruption.

  • Involvement of ‘third person’ agents—taxis, tour guides, family members.

  • Migration to tourist areas.

  • Demand for children as sexual objects.

  • Existence of prostitution and sex tourism.

The effects of Sexual Violence on Children

Sexual violence can devastate young lives sexually, physically, and psychologically by way of :

  • Trauma

  • Shame

  • Grief and Depression

  • Captivity

  • Poverty

  • Lack of Education

  • Involvement of relatives

  • Betrayal of Trust

  • Layers of truth

  • Self blame

  • Disruption in normal development

  • Separation from family

Child Wise Tourism

Every child, no matter whether he is rich or poor, has the right to protection from sexual abuse and exploitation. The United Nations Convention on the Rights of Child (Articles 34 and 35 ) says that all children should be protected from all forms of prostitution, pornography and trafficking.

Overseas travel must not provide an opportunity for travellers to harm children. Whether a country sends or receives tourists who sexually harm children, we all have an obligation to ensure that children are protected from this appalling abuse.

The Child Wise Tourism program operates with the partnership of stakeholders throughout the ASEAN region including ASEAN member governments, the ASEAN Secretariat, local and international NGOs, multilateral organizations, regional bodies, tourism agencies, academics, law enforcers and advertisers, that respect children rights in accordance with the United Nations Convention on the Rights of Child.

 

Legal picture

The United Nations Convention on the Rights of the Child

The Convention on the Rights of the Child was carefully drafted over the course of 10 years (1979-1989) with the input of representatives from all societies, all religions and all cultures. On November 20, 1989, the General Assembly of United Nations unanimously adopted the Convention on Rights of the Child. The Convention consists of 54 Articles, all regarding the rights of the child.

World Congress Against Commercial Sexual Exploitation of Children

In 1996 the First World Congress Against Commercial Sexual Exploitation of Children was convened in Stockholm, Sweden, as a forum to develop strategies for an international response.

In December 2001 the Second World Congress on Commercial Sexual Exploitation of Children was hosted by the Japanese Government. End of Child Prostitution, Child Pornography, and The Trafficking of Children for Sexual Exploitation (ECPAT) has the full text of the Second World Congress .

International Cooperation

The sex tourism industry has no territorial boundaries; therefore in order to successfully combat this problem it must be viewed from an international perspective. To stop sex tourism of children, effective laws and their enforcement is vital. Many countries have passed new statutes or are considering amendments to their national laws to address the commercial sexual exploitation of children and hold offenders accountable.

India’s Position

In India the provisions in the laws for tackling pedophilia as well as the incestuous abuse of children are far from adequate. As it is quoted “Too little for the little ones.”

Goa is witnessing an alarming rise in sexual abuse against children in the 7-16 age group. The recent arrests and investigations by social groups reveal that more than 10,000 pedophiles visit the coastal State every year and molest children, especially brought for the trade from Karnataka.

In conservative societies, as ours is, incest is less likely to be reported to the police, because of fear of social disgrace. Due to this, victim remains helpless to protect herself from such abuses. The victim develops an inner sense of guilt and depression, which may have long-lasting effects on her personality development.

The laws dealing with sexual offences do not specifically address child sexual abuse. It is disconcerting but true, the Indian Penal Code 1860, does not recognize child abuse. While Section 376 IPC seeks to provide women redress against rape, it is rarely interpreted to cover the broad range of sexual abuses (particularly of children) that actually takes place. At least three cases have been booked under the Goa Children’s Act. The Goa Children’s Act has also come in for severe criticism for its poor drafting and the lack of legal insight into some of its provisions and ground realities have led it to rough weather.

 

Shield against child abuse

According to a report, on 27th March 2006, “Shield is coming against child abuse soon”.

A separate and more stringent law will soon be in place to protect children against any form of abuse be it at home or outside.

The draft bill has been circulated among the States for their view to plug the holes in Indian Penal Code under which the minimum punishment for raping a child is 10 years.

 

In the end, it can be put in words that:

“Child is like a tulip: tender, loving, beautiful, adorable; if plucked, snatched, scrubbed, scrunched and smashed there’s nothing more sinful, inhuman and unrealistic than that”.

It is absolutely necessary to alert government, civil society and concerned citizens to play a more active role in observing the movements and acts of tourists and in the promotion, respect and appreciation of the rights of the child and thereby to prevent the abuse of children, especially in sexual ways. It is a must that the legal system does something to improve its response to this crime. The little steps a few States have taken must mature unto gianthood themselves.