If you are stuck in such a situation, here is what to do.

In the city of Aravalli, a 14-year-old girl, Priya, is facing a harrowing situation of severe neglect and emotional abuse within her own home. A concerned relative, Anjali, has brought the matter to light, seeking urgent legal intervention to protect the child. Priya lives with her mother, Sunita, and her stepfather, Rajesh, who is reportedly an alcoholic with a volatile temper.

According to Anjali, Rajesh constantly subjects Priya to verbal and psychological torment, referring to her as “extra baggage” and insisting that she must perform household chores to “earn” the money he spends on her. Tragically, her mother, Sunita, not only fails to protect her but actively sides with Rajesh. Sunita frequently guilt-trips Priya, telling her she should be grateful Rajesh married a woman with a child and that life would have been easier without her.

The abuse has taken various forms. Rajesh recently attempted to humiliate Priya publicly by posting pictures of their kitchen appliances on an online selling platform, mocking her as being “too lazy to cook,” which invited ridicule from others online. Furthermore, Priya is forced to act as a full-time nanny for her mother’s infant, which includes feeding, bathing, and all other caretaking duties, while her mother is otherwise occupied. This has led to a significant decline in her academic performance.

The neglect is so profound that Priya has been forced to go shopping for her undergarments and sanitary products with her stepfather, a situation she has repeatedly stated makes her extremely uncomfortable, but her pleas are ignored. The emotional and psychological pressure has become so severe that Priya has expressed suicidal thoughts on more than one occasion, feeling hopeless that her abusers will ever face consequences. Anjali fears that without immediate action, the child’s safety and mental well-being are at grave risk.

Advice in such cases

• Document everything. Keep a detailed log of incidents, including dates, times, what was said or done, and who was present. If possible, save screenshots of any online harassment or messages.
• Identify a support system for the child. This could be a trusted teacher, another family member, or a school counsellor who can be approached once legal proceedings begin.
• Prioritize the child’s immediate safety. The primary goal is to remove the child from the abusive environment as swiftly as possible.
• Do not confront the abusers directly, as this could escalate the situation and put the child in greater danger.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

This case involves multiple legal violations, primarily concerning child protection laws. The key statutes are:

• The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Priya clearly falls under the definition of a “child in need of care and protection” under Section 2(14) of the Act. The cruelty, neglect, and emotional abuse she is facing are punishable under Section 75 of the JJ Act, which penalizes anyone having control of a child who assaults, abandons, abuses, or wilfully neglects the child.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): Depending on the specific actions, provisions related to criminal intimidation (Section 351), assault (Sections 119-121), and acts endangering life or personal safety could be invoked against the stepfather and mother.
• The Protection of Children from Sexual Offences (POCSO) Act, 2012: The act of forcing a minor girl to shop for intimate apparel with her stepfather could potentially be interpreted as sexual harassment under Section 11 of the POCSO Act, as it is an act done with sexual intent that violates her modesty and dignity.

If you are the complainant

• You have the right to report the matter to protect the child. As a concerned relative, you can approach several authorities.
• Contact Childline (1098). This is a 24/7 helpline for children in distress. They are mandated to respond to such calls and can initiate a rescue or intervention process.
• File a report with the District Child Protection Unit (DCPU) or the Child Welfare Committee (CWC) in your district. The CWC is a quasi-judicial body empowered to make decisions for the care, protection, and rehabilitation of children.
• You can file a First Information Report (FIR) at the local police station. The police are obligated to inform the CWC immediately.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

• Your safety is the most important thing. Try to speak to an adult you trust, such as another family member, a teacher at your school, or a friend’s parent.
• Call 1098 (Childline). You can call them from any phone, and you do not have to give your name if you don’t want to. They will listen to you and help you.
• If you feel you are in immediate danger, go to the nearest police station. They have special officers to help children.
• Remember that the abuse is not your fault, and you have the right to be safe and protected.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Under the JJ Act and POCSO Act, the police are required to handle cases involving children with utmost sensitivity. Every police station is supposed to have a designated Child Welfare Police Officer (CWPO), who should ideally be the first point of contact. The police are not supposed to question the child at the police station in uniform. The child’s statement is recorded in a safe and child-friendly environment, often in the presence of a parent (if not an accused), guardian, or social worker. The police must immediately produce the child before the Child Welfare Committee within 24 hours to ensure their safety and well-being.

FAQs people normally have

• Can I file a complaint anonymously?
  Yes, you can make an anonymous tip to Childline (1098) or the CWC. They are obligated to investigate. However, a formal complaint where you identify yourself often carries more weight and allows for a more structured follow-up. The law provides for the protection of the informant’s identity.
• As a relative, can I file a case on the child’s behalf?
  Absolutely. Any concerned person, including a relative, can report a case of child abuse or neglect to the police, CWC, or DCPU. You are considered an informant acting in the best interest of the child.
• What happens to the child immediately after a complaint is filed?
  The first priority of the Child Welfare Committee is to ensure the child’s immediate safety. The CWC can issue an order to remove the child from the abusive home and place her in a temporary safe shelter, such as a children’s home or with a trusted relative (fit person) pending a full inquiry.

What evidence is required?

Evidence is crucial for building a strong case. This can include:

• The child’s own testimony, which is considered a primary piece of evidence.
• Testimony from witnesses, such as the concerned relative (Anjali), neighbours, or teachers who may have observed signs of neglect or abuse.
• School records showing a decline in academic performance or attendance.
• Any digital evidence, such as screenshots of the humiliating online post, text messages, or call recordings.
• Photographs or videos depicting the child’s living conditions or any visible signs of neglect.
• A medical examination report if there is any suspicion of physical or sexual abuse.

How long will the investigation take?

The law mandates a speedy process for cases involving children. As per the JJ Act, the inquiry by the Child Welfare Committee should ideally be completed within four months. If a criminal case is filed under the BNS or POCSO Act, the investigation and trial are also expected to be fast-tracked. The POCSO Act, for instance, directs that the trial should be completed, as far as possible, within one year from the date the court takes cognizance of the offence.

Advocate Sudhir Rao, Supreme Court of India