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Report No. 172

Chapter II

Views Invited on Proposed Provisions

2.1. UN Convention and Constitutional provisions. Several cases of child abuse have all over the world have caused grave concern to the humanity. Article 34 of the Convention on Rights of the Child (20 November 1989) ordains the Member States to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, State Parties are required to take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

2.1.1. Article 39(f) of the Constitution of India, one of the Directive Principles of State Policy requires the State to direct its policy, inter alia, towards securing that childhood and youth are protected against exploitation and against moral and material abandonment. There is, therefore, great need for tightening the existing provisions relating to child sexual abuse or assault.

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