Se*ual abuse by father

Dear Jaya, 

In such a situation it's the mother's word against the father's. Since the child was not conscious of the same, she is not a witness. Otherwise also there is no independant witness. Such crime would be practically impossible to prove. 

how will I save my child from him?I am a housewife.I can't go out of home.

Lodge a complaint as against father. The same can be filed by mother of the child. The child though minor her statement will be recorded by police u/s 161 Cr P C and she can appear before court as child witness which is permissible in Law as per Evidence Act and courts take the evidence of child witness seriously, if the same is corroborated by the child witness with statement recorded u/s 161 Cr. P. C.

Lodge a complaint as against father. The same can be filed by mother of the child. The child though minor her statement will be recorded by police u/s 161 Cr P C and she can appear before court as child witness which is permissible in Law as per Evidence Act and courts take the evidence of child witness seriously, if the same is corroborated by the child witness with statement recorded u/s 161 Cr. P. C.

Please don't drag the child for such a issue to the court !

@ Author,

1. The mother should be informed of the legal options she can avail of to protect her daughter from repeated abuse by her natural father. Often an abusive father is also an abusive husband, but it seems the mother fears retaliation at the hands of her husband.

2. The mother should be provided with legal and social support to file a police  complaint. The police will arrest the father, but he will soon be released on bail as causing hurt is a bailable offence. A CHILDLINE representative (Childline Helpline No. is 1098) should remain with her daughter and her mother at home. This is necessary if the father is released on bail and attempts to return home.

3. Persuade the police to keep father in the lock-up for a day. This will give sufficient time for the mother to move the Court for an injunction restraining the abusive father from entering the home. The case can be filed in the Family Court or a District Court directly with urgency hearing application put in the morning and case heard by afternoon, if a Family Court has not been constituted in that particular area.

4. If the mother cannot be persuaded to take action against her husband, report the matter to the Child Welfare Committee (eah Districts now-a-days have one) with a request that as per the query facts main character (father) be temporarily removed from the custody and influence of child’s parental care. Such removal may result in ascertaining the true picture and protecting female child from further abuse. The future action that is decided by the Committee must depend on what is best for female child, and in consultation with minor child.

I at this stage differ to my ld. brother Nayyar's given opinion. Reason being I have reservation on Internet generated queries in fact matters which in Indian context is lifetime traumatised call if acted as per his advise immediately.

Go to police station at once and lodge FIR