INTRODUCTION
The idea of home has always been a metaphor for security, love, and unconditional love. It’s supposed to be a place where children can seek refuge from the harshness of the world outside. However, a dark subversion of that notion is taking hold, where home is seen as the site where the worst abuses occur. In India, shocking cases have emerged of parents, the very guardian of a child’s safety, raping, assaulting and even out right killing their children. This is a betrayal of such gigantic proportions that it’s akin to a nuclear bomb dropping on the family and extends into the fabric of society.
There were a large number of incidents taking place in India. Particularly mentioning the recent appalling incident in Kerala in May 2025, a mother threw her four-year-old daughter into the Chalakudy River, leading to the child’s death. In January 2025 where a father was arrested under POCSO after being allegedly molesting his 12-year-old daughter again and again. This was followed by another incident in Thrissur, where a 6-year-old boy was suffocated to death by his mother, claiming frustration and domestic issues as the reason. These cases demonstrate the imperative for stronger legal, institutional, and social responses to intrafamilial physical violence against children.
UNDERSTANDING PARENTAL TRUST AND LEGAL DUTIES
Parental sway isn’t carte blanche; it carries with it moral and legal responsibilities. The parents patriae doctrine obligates the State to protect minors and enables the state to step in between a parent and the child when the parent is a danger to the child. In India, particularly as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), children in homes where they are not safe and being abused are covered under the definition of “in need of care and protection.”[1]
Also, the Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012, covers all forms of sexual assault against children, irrespective of the proximity to the aggressor. [2]It’s specifically stated in the law that parents themselves are not exempt from prosecution if they violate a reasonable duty of care.
CASE STUDY: 2025 KERALA INCIDENTS
- In May 2025, a frightening case had emerged in Kochi, place the mother had hurled her four-year-old girl offspring into the Chalakudy river, leading to the murder of the offspring. Initially, it was thought of as a regular drowning incident, but what appeared to be a drowning disaster was later raised at the postmortem, which reveals the existence of a long-standing sex crime. Investigations rounded off in the arrest of the juvenile’s paternal relative(uncle of the child), who confessed to the crime. The parent, nonchalant all along the interrogation, pronounced she was ignorant of the abuse. Both were prosecuted under appropriate divisions of the POCSO Act and the BNS[3].
- On January 7, 2025, a 41-year-old father from the Kozhikode sector was jailed for molesting his minor offspring for months. The kid reported the act to her school counsellor during the counselling The accused is filed under Sections 5, 6 of the POCSO Act and Section 376 of the Indian Penal Code (IPC). [4]
- Another specific cruel case was signed on 2nd February 2025, a 6-old age boy was dead in a welcome aim attention at Thrissur, Kerala. Under questioning, mom confirmed during the interrogation that she had smothered the child with a pillow in a rage of anger by way of fiscal issues and concavity. Though the post-mortem of the child reported asphyxiation was likely, it raised troublesome permissible questions of resoluteness and culpability in positions when the murderer is the sole care-donor.
- These instances are not irregularities. It has unprotected the unseen agony of a large group of infants, and revealed the cracks in guarding arrangements to a degree, child guardianship commissions, school interference structures, and be superior of insane health.
LEGAL FRAMEWORK AND RELEVANT STATUTES
- INDIAN PENAL CODE, 1860
The IPC criminalises child abuse and murder under various provisions:
- Section 375 & 376 – Rape, including aggravated punishment for sexual assault of minors.[5]
- Section 302 – Punishment for murder.[6]
- Sections 317 & 318 – Exposure and abandonment of a child under twelve years.[7]
- PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
The POCSO Act is a gender-neutral and relationship-neutral law that protects minors (under 18) from sexual offences. It:
- Defines and penalises penetrative and non-penetrative assault.
- Makes the best interest of the child the overriding principle.[8]
- Identifies aggravated penetrative sexual assault when perpetrated by someone in a position of trust or authority, e.g., a parent.[9]
- JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
This Act addresses children in need of care and protection and establishes Child Welfare Committees (CWCs).[10] It empowers the State to remove children from abusive homes and place them in safe custody. It also defines parental neglect and abuse as grounds for legal separation.
JUDICIAL INTERPRETATIONS AND CHALLENGES IN PROSECUTION
Historically, the Indian judiciary has maintained a strict approach towards sexual offences against children. The Supreme Court in the State of Punjab v. Gurmit Singh[11] highlighted the importance of considering the child’s statement and handling it with care.
There are certain issues one faces when taking parents to court for prosecution:
- The social stigma makes it difficult for victims and guardians (assuming they are not abusive) to speak out.
- Children may not possess the understanding of the abuse, or may be emotionally coerced.
- The absence of forensic proof in household crimes makes matters worse.
The phrasing in the ruling issued by the Kerala High Court in 2023 captures my standpoint vividly: “any act of violence, sexual or otherwise, perpetrated by a parent on a child not only violates the physical integrity of the child but also shatters the trust structural system of family”.
INTERNATIONAL COMPARISONS
In the US, for instance, there are known cases where Child Protective Services (CPS) steps in as soon as there are any signs of parental abuse. The Children Act, 1989,[12] allows local authorities in the UK to protect children even from their parents if the situation warrants it.
India’s systems are getting better, but they are still largely reactive. Social workers in developing countries are neither sufficiently trained nor resourced to intervene proactively, which places them at a disadvantage.
POLICY GAPS AND INSTITUTIONAL FAILURES
Even with protective laws, gaps in enforcement remain:
- Community health and school teachers frequently have inadequate abuse recognition training.
- Intra-family disputes are not always approached with sufficient gravity by police officers.
- A lack of knowledge means Childline (1098) is used less than it could be.
Additionally, no automatic mental health assessments are allocated to parents after abuse has occurred, even if the abuser is kept in guardianship of the child.
SUGGESTIONS AND ALTERATIONS
- Mandatory Report Writing and Staff Training in Schools:
School environments should be made proactive hubs of child protection. Teachers and counsellors must be legally obligated to report any suspected signs of abuse under Section 19 of the POCSO Act, 2012.[13]
For instance, in the 2023 Kozhikode school case, a class teacher’s anonymous complaint about bruises on a student’s neck led to the rescue of a 10-year-old being routinely abused at home. Had this been mandatory, the intervention might have been earlier and more effective.
- Enhanced Family Health Services in Distressed Areas:
Families in socio-economically deprived areas face additional stressors, which often escalate to intra-family violence.
For example) In Attappadi (2022), a tribal hamlet in Kerala, the lack of a functioning PHC and counselling services directly correlated with three reported cases of incest within two years. Creating a network of community-based mental health units, especially in rural districts, must be prioritised.
- Forfeiture of Custody Rights for Convicted Parents:
Courts should automatically strip custody from parents convicted under Sections 5 and 6 of POCSO.[14] or Section 66 of BNS, 2023[15] In the 2025 Kottayam father-daughter case, the minor was returned to the same household post bail due to the absence of a conclusive custody order. This loophole endangers the child’s life. Custody forfeiture should become indefeasible under Section 39 of the Juvenile Justice Act.[16] - Quicker Judicial Procedures and Child-Friendly Courts:
The backlog of child abuse cases, especially in Kerala’s special POCSO courts, undermines justice. According to NCRB 2023 data, over 1,200 POCSO cases in Kerala await trial beyond two years. Establishing exclusive fast-track courts with dedicated child psychologists, female judges, and closed proceedings is essential. The Delhi High Court’s 2021 model for video deposition booths can be adapted across India. - AI-Child Safety Monitoring via Anganwadi Centres:
Leveraging AI-powered facial emotion recognition systems and behaviour detection software in Anganwadi centres, integrated with local child protection committees, can act as early detection mechanisms for abuse. For example, a 2024 pilot in Alappuzha district, supported by UNICEF and NIMHANS, helped flag 17 at-risk children within 2 months through AI-enabled interviews. These should be mainstreamed into the ICDS (Integrated Child Development Scheme) framework.
CONCLUSION
Once thought to be the child’s safest haven, the home is now frequently breached by the very people tasked with keeping the child safe: their parents. A troubling breakdown of familial responsibility and a serious systemic failure are highlighted by the increasing cases of child sexual abuse and domestic murder, as demonstrated by recent Kerala cases in 2025. The law is still struggling with enforcement gaps, delays in the delivery of justice, and underreporting, despite its evolution through frameworks such as the Protection of Children from Sexual Offences Act, 2012,[17] the Juvenile Justice (Care and Protection of Children) Act, 2015[18], and the Bharatiya Nyaya Sanhita, 2023.[19] Beyond just hurting specific kids, this betrayal of trust erodes social values and reveals systemic flaws in our safeguards. In addition to physical abuse, parental crimes can cause psychological trauma that children may carry with them for the rest of their lives. Even the most well-meaning state apparatus finds it difficult to rebuild a child’s life when trust is lost at home. Child-centred judicial procedures, proactive community vigilance, and institutional strengthening must all coexist with legal reforms. Policies must guarantee the deployment of artificial intelligence in early detection systems through organisations like Anganwadis, the indefeasible removal of custody in cases of proven abuse, and prompt trials in courts specifically designed to be child-friendly. It’s now impossible to assume that children are safe and sound within the confines of their homes. When a parent takes on an abusive role, the injury sustained is not merely legal or physical; it transcends to being fundamental. There is an absolute need in India to put into place legal/institutional mechanisms that serve the purpose for which they were designed to uncover and stop such acts of treachery at the earliest possible stage. Life, dignity, and protection should not have to hinge on violent custodians.
Author(s) Name: RIYA S (Government Law College, Thiruvananthapuram, Kerala University)
References:
[1] Juvenile Justice (Care and Protection of Children) Act 2015, s 2(14).
[2] Protection of Children from Sexual Offences Act 2012, s 3.
[3] Bharatiya Nyaya Sanhita 2023
[4] Indian Penal Code 1860, s 376, Protection of Children from Sexual Offences Act 2012, ss 5, 6.
[5] Indian Penal Code 1860, ss 375, 376
[6] Indian Penal Code 1860, s302
[7] Indian Penal Code 1860, ss 317,318
[8] POCSO Act 2012, s 2(d).
[9] ibid s 5(l).
[10] Juvenile Justice (Care and Protection of Children) Act 2015, s 27
[11] State of Punjab v Gurmit Singh (1996) 2 SCC 384.
[12] Children Act 1989 (UK), ss 17, 47
[13] Protection of Children from Sexual Offences Act 2012, s 19
[14] ibid ss 5, 6.
[15] Bharatiya Nyaya Sanhita 2023, s 66
[16] Juvenile Justice (Care and Protection of Children) Act 2015, s 39.
[17] Protection of Children from Sexual Offences Act 2012
[18] Juvenile Justice (Care and Protection of Children) Act 2015
[19] Bharatiya Nyaya Sanhita 2023
