Open Access Research Article
BEYOND THE SCREEN: LEGAL DIMENSIONS OF ONLINE CHILD SEXUAL HARRASMENT UNDER POCSO
Published Paper
Article Details
BEYOND THE SCREEN: LEGAL DIMENSIONS
OF ONLINE CHILD SEXUAL HARRASMENT UNDER POCSO
AUTHORED BY
- KHUSHI CHOUDHARY &
NISHANT ARYAMAN
INTRODUCTION
With the advent of Information and
communication technology, the lives of people have become easier. We are so
much connected to the internet that now it is almost unimaginable to envision a
world devoid of the internet. That being said, there are many drawbacks to
this. One of the most important which needs serious consideration is increasing
number of cybercrimes. The traditional ways of committing crime have
transitioned to the digital realm, introducing new avenues for unlawful
activities.
A 2019
report revealed that the cyber unit dedicated to Online Child Sexual Abuse and
Exploitation recorded 63 cases of online child sexual harassment within a
period of three months.[3] According
to ChildLine India's stats, during the lockdown in 2020, there were
around 3,00,000 cases and 92,000 SOS calls. It is just 3 % of the crimes
involving online child sexual abuse in India that were actually reported. It is majorly caused due to the inability of
the criminal justice system to appropriately address the needs of the children
who have been sexually assaulted, the inadequacy of legislation in India in
defining and addressing child specific offences now prevalent in the
cyberspace- such as online child sexual abuse involving sexual harassment,
sexual exploitation, cyber stalking, cyber bullying, cyber grooming etc, and
complexity of existing legislations further exacerbate the issue. Despite
contact abuse accounting for the bulk of child sexual abuse, "non-contact
abuse"—as it is generally called—can occasionally take place in the
absence of physical touch. Common examples of "non-contact sexual
abuse" include online sexual harassment of children and it is equally
important to concentrate on these types of abuses in order to curb rising
instances of online sexual harassment in today’s digital era.
DEFINING ONLINE CHILD SEXUAL
HARASSMENT
The word “Harassment” can be simply defined
as an “act of annoying or worrying somebody by putting pressure on them or
saying or doing unpleasant things to them”. Sexual harassment has been defined
under Istanbul Convention under Article 40 as “any unwanted sexually verbal,
non-verbal, or physical behavior intended to violate person’s dignity,
especially when doing so in a setting that is intimidating, hostile, degrading,
humiliating or offensive.
“According to Childnet
International, online sexual harassment is defined as unwanted sexual conduct on any digital platform. It includes a wide
range of behaviors that use technology to share digital content such as images,
videos, posts, messages, pages, etc.”[4]
In India, Online Child Sexual Abuse
has not been specifically defined anywhere in the legislations dealing with
Child e.g. in Protection of Children from sexual offences Act, 2012 but the
provisions which are present in the POCSO Act, 2012 and in the general criminal
law e.g. Bharatiya Nyaya Sahinta, 2024 (Indian Penal Code, 1860) can be interpreted
to cover the offence of online child sexual abuse.
POCSO ACT AND CHILD SEXUAL HARASSMENT
Section 11 of the POCSO Act, 2012
defines sexual harassment as- “A person
is said to commit sexual harassment upon a child when such person with sexual
intent,-
(i)
Utters any word or makes any sound,
or makes any gesture or exhibits any object or part of body with the intention
that such word or sound shall be heard, or gesture or object or part of body
shall be seen by the child; or
(ii)
Makes a child exhibit his body or any
part of his body so as it is seen by such person or any other person; or
(iv)
repeatedly or constantly follows or
watches or contacts a child either directly or through electronic, digital or
any other means; or
(v)
threatens to use, in any form of
media, a real or fabricated depiction through electronic, film or digital or
any other mode, of any part of the body of the child or the involvement of the
child in a sexual act; or
(vi)
entices a child for pornographic
purposes or gives gratification therefore.”
When we analyze each sub- clause of
section 11 of POCSO Act, 2012, one can find that each of the sub-clause
comprises of one or more separate offences. For better understanding we need to
refer to each sub-clause separately.
OBSCENE GESTURES (SECTION 11(I))
Indian Laws does not
accommodate provisions that are specifically towards the Online Child Sexual
Abuse. One of the important legislations, that is, POCSO Act, 2012 talks about
Sexual Harassment in Section 11. It talks about, if we take only online crimes
into consideration, cyber stalking and cyber sexual harassment. But the rest acts
mentioned in the provision can also be done through online means.
Section 11(i) of the
POCSO Act, 2012 talks about ‘act of uttering of any word or making of any sound
or gestures or exhibiting any object or part of any body with the intention
that such word or sound shall be heard or such gesture or object or part
of body shall be seen by the child being an offence of sexual harassment’. To
understand this particular clause of Section 11 of POCSO Act, 2012, one can
draw a comparison between this provision and provisions of BNS. This provision
is on consonance with Section 509 of IPC and Section 79 of Bharatiya Nyaya
Sanhita (BNS). Section 79 of BNS states that, “Whoever, intending to insult
the modesty of any woman, utters any words, makes any sound or gesture, or
exhibits any object in any form, intending that such word or sound shall be
heard, or that such gesture or object shall be seen, by such woman, or intrudes
upon the privacy of such woman, shall be punished with simple imprisonment for
a term which may extend to three years, and also with fine”.
Now, Section 79 of BNS is women
centric in nature and does not focus on the same act committed against a child.
But, the interpretation of Section 79 can be helpful to understand the
ingredients for Section 11(i) of POCSO Act, 2012. The main difference between
both the provisions is that Section 79 talks about outraging the modesty of the
act and Section 11(i) talks about doing those acts with sexual intent. In S.
Khushboo v. Kanniammal[5],
the Supreme Court held that “in order to establish the offence under Section
509 IPC it is necessary to show that the modesty of a particular woman or a
readily identifiable group of women has been insulted by a spoken word, gesture
or physical act.” Similarly, in order to prove an offence under Section 11(i)
of POCSO Act, 2012 one need to prove that the gestures, word or act mentioned
in the provision was directed with a sexual intent. The explanation of Section
11 clearly states that the question of ‘Sexual intent’ must be answered
depending on the facts and circumstances of the particular case. In Bandu
Vitthalrao Borwar v. State of Maharashtra[6], the
court while interpreting the words ‘sexual intent’ held that, “plain and
ordinary meaning of these two words would have to be considered so that the
real intention of the offender can be ascertained from the facts and attendant
circumstances.”
Now, the question here arises that
whether it is possible that gestures, words or act mentioned in Section 11(i)
be performed or acted online? The answer again stands yes. The perpetrators can
expose oneself indecently or can make obscene gestures on a live video call.
He/she can also send inappropriate texts, voice messages or images and can make
sexually suggestive gestures in online spaces. This can be called as non-physical
form of abuse, where the harassment occurs without any physical contact, for
example, chatting with sexual intent with the child over the internet[7],
also known as Sexting, is prevalent form of sexual offence being committed by
online perpetrators. The laws and punishments pertaining to the prosecution
and defence of sexting and other offences in India are not very well defined in
any of the legislations. So, there is a need for either amendment in the
current legislation or a completely new legislation to include these new
criminal acts within its purview.
CHILD SEXUAL ABUSE (SECTION 11(II))
Section 11(ii) states
that ‘A person is said to commit sexual harassment upon a child when
such person with sexual intent makes child exhibit his body or any part so as
it is seen by any other person’.
A bare perusal of this provision
gives an idea that it relates to sexual exploitation and sexual abuse of child.
There is no particular definition of sexual exploitation or sexual abuse given
in any of Indian Legislation. Justice Radhakrishnan has opined that “Child sexual
abuse can be in any form like sexually molesting or assaulting a child or
allowing a child to be sexually molested or assaulted or encouraging, inducing
or forcing the child to be used for the sexual gratification of another person,
using a child or deliberately exposing a child to sexual activities or
pornography or procuring or allowing a child to be procured for commercial
exploitation and so on”[8]. And,
sexual exploitation can be simply defined as the sexual violation of a person's human
dignity, equality, and physical or mental integrity[9].
But Section 11(ii) does not align
completely with these definitions. It forms its consonance with the definition
of Child Sexual Abuse provided in the Luxembourg Guidelines, 2016.[10]
Firstly, the guidelines draw out the main difference between sexual
exploitation and sexual abuse. There is an idea of exchange in case of
exploitation where the perpetrator use something for his/her own advantage[11]. But,
the guidelines clearly mentions that there is no notion of exchange in case of sexual
abuse[12],
“The sexual abuse of children requires no element
of exchange, and can occur for the mere purpose of the sexual gratification of
the person committing the act. Such abuse can be committed without explicit
force, with other elements, such as authority, power, or manipulation being
determining factors.”
So, it can be easily concluded that
section 11(ii) falls within the ambit of Sexual Abuse as a person making a
child exhibit his body in a way to be seen by other people is for the purpose
of sexual gratification. But the provision lacks in providing the ambit as to
what acts are included that will result in a child exhibiting his body to other
people. The judicial decisions are also silent in this case. And along with
the advent of era of technology, where the offender/perpetrator can sit
anywhere in the world and can anonymously can commit an offence while hiding
their real identity, it becomes not only important to provide for an
interpretation of the provision but also necessary for the lawmakers to frame
laws that can curb the problems associated with online offences. To understand,
how sexual abuse can be committed in online mode, there is a need to divide the
provisions into possible acts that can comes under it –
·
Makes a child exhibit his body
·
In a way to be seen by other people
Now, a child can be enticed or forced
to exhibit his/her body. It can be done by either luring him to do so or by
blackmailing. The term ‘exhibit their body’ can be said to be broad[13] and
not confined to only physical exhibition but to virtual acts too that is being
facilitated by technology. In the present scenario, this offence mostly
constitutes live streaming of a child doing sexual activities. For example, a
person can see the exhibition of a child’s body through internet and access to
the dark web[14].
Section 11(ii) has a convergence with
other legal frameworks addressing online sexual exploitation. The Information
Technology (IT) Act 2000, particularly Sections 67, 67A, and 67B complements
the POCSO Act, 2012 by criminalizing the publication, transmission, and
browsing of sexually explicit content in respect of children. Section 67B
particularly bars the depiction of children in obscene or sexually explicit
acts online, thus creating a more complete legal infrastructure to grapple with
cases in which children are made to expose themselves on the internet. These
provisions are combined to strengthen the legal measures in combating the
online sexual exploitation of children.
Special consideration should be given
to the legal norms and the UNCRC, of 1989, concerning the responses given to
the online child sexual exploitation in India. According to the CRC, the state
is to protect children from all forms of sexual exploitation and abuse, this
last principle further being confirmed by article 34 of the CRC in its
assertion that states should make it an imperative to prevent the exploitation
of children through pornography shows and materials. The enactment of the POCSO
Act, 2012, complete with all the criteria covering Section 11(ii), is a true
reflection on India's stance in accordance with the charter mandate to protect
children from sexual harassment and abuse.
EXHIBITION OF ANY OBJECT FOR PORNOGRAPHIC PURPOSE (SECTION 11(III))
(iii) Shows any object to a child in any form or media for pornographic
purposes; or
This particular sub-clause of section
11 deals with intentional showing ‘any object’ to the child in any form or
media with sexual intent for ‘pornographic purposes’. This act of showing a
child with sexual intent for pornographic purposes has been termed as sexual
harassment. But this sub-clause contains certain lacunae that must be addressed
to ensure the ultimate goal of protecting the child is effectively fulfilled.
Firstly, this provision does not
define the word ‘object’ when it is referring to ‘any object’ which is being
used for pornographic purposes. It is unclear what constitutes an ‘object’
within the provision. In criminal laws of India as well the term ‘object’ has
been referred multiple times but it has not been specifically defined what
exactly constitutes an ‘object’ under it.
In this context, OPSC has defined the
expression “any representation, by whatever means” refers to the wide range of
pornographic content that is accessible through various media which represent
child intended to stimulate or satisfy users sexual desires. This comprises,
but not restricted to “visual material such as photographs, movies, drawings,
and cartoons; audio representations; live performances; written material in
print or online; and physical objects such as sculptures, toys, or ornaments.
It also includes so- called virtual child pornography (artificially created
realistic images)”. This definition provided under OPSC can be referred to
interpret the word ‘any object’ used in Section 11 (iii).
Secondly, the above sub- clause does
not define the term ‘pornographic purposes’. The word ‘Obscene content’ has
been used in a number of legislations in place of pornography. Child Pornography
has been defined in the POCSO Act, 2012 after the 2019 amendment under Section
2 (da). The court has also not defined what constitute pornographic purposes
but there are rulings of the court which state that exposing a child to porn is
an offence under section 11(iii) of the POCSO Act, 2012[15].
Since the term is not defined, it can
lead to multiple interpretations. The offender could escape liability claiming
that their purpose was not for pornographic purpose.
Section 13 deals with ‘uses of a
child for pornographic purposes’. This section primarily includes the use of
the child ‘in the production, propagation and/ or distribution of pornographic
material in any manner prescribed, including the depiction, real or virtual, of
the child for pornographic purposes’. Consequently, it could
be argued that exposure to pornography for any reason—such as the creation,
dissemination, and/or distribution of porn would constitute an offense under
section 13 and not when a child is directly exposed to porn regardless of their
consent or willingness.
Therefore,
it is strongly recommended that the legislature amend the provision embodies
“pornographic purposes” to explicitly encompass the deliberate exposure of a
child to pornography.
STALKING (SECTION 11(IV))
(iv) repeatedly or constantly follows or watches or contacts a child
either directly or through electronic, digital or any other means;
The
above sub-clause deals with the offence of stalking. When
reading Section 11(iv) of the POCSO Act, 2012 ‘a person is said to commit
sexual harassment upon a child when such person, repeatedly or constantly
follows or watches or contacts a child either directly or through electronic,
digital or any other means with sexual intent. The cardinal element of the
overt acts which would make the same as an offence is that the overt acts
should be the outcome of sexual intent’[16].
The offence of stalking is
also defined under the Indian Penal Code, 1860 under section 354-D (Section 78
of the Bharatiya Nyaya Sanhita, 2023) however, it specifically addresses the
stalking of a women, it lays down that in order that this offence is committed,
‘there must be following of a woman and contacting her or attempting to contact
a woman to foster personal interaction repeatedly despite a clear indication of
disinterest by such a woman or there should be monitoring of the use by a woman
of the internet, email or any other form of electronic communication’[17].
It has been mentioned in the provision about use of internet, email or any
other form of electronic communication which makes it open to include online
offences within its ambit.
The provision effectively
addresses the evolving digital threats that children face, ensuring that
cyberstalking falls within its ambit. Section 11(iv) of the POCSO Act is devoid
of explicit criteria to ascertain when an act is deemed "repeated" or
"constant," hence failing to satisfy the fundamental criterion of the
provision. This misunderstanding can be
resolved by explicitly delineating the frequency and duration of stalking or
contact by an offender.
Similar to Section 354D of the IPC (Section 78
of the BNS, 2023), a modification to Section 11(iv) of the POCSO Act should
incorporate the term “monitors a child's use of the internet, email, or any
other form of electronic communication, constitutes the offense of
stalking.” This amendment would expand
its scope and improve its efficacy in combating the cyberstalking of minors.
SEXTORTION (SECTION 11(V))
This specific provision addresses the
issue of sextortion, which has become increasingly prevalent in recent times.
The essential elements of this sub-section align with the criteria for
sextortion. Sexual extortion, or “sextortion,” involves the coercion of an
individual through self-produced images to obtain sexual favors, monetary
compensation, or other advantages, under the threat of disseminating the
material without the consent of the individual depicted (posting pictures on
social media). The prolonged influence
and manipulation characteristic of groomers frequently culminate in a swift
escalation of threats, intimidation, and coercion following the individual's
submission of the initial sexual photographs of themselves.
Sexual extortion is a characteristic
of internet solicitation targeting both minors and adults, with a noticeable
rise in this form of coercion, encompassing increasingly harsh, aggressive,
sadistic, and degrading demands from perpetrators.[18] When
perpetrated against children, sexual extortion is a procedure in which
youngsters or adolescents are compelled to persist in generating sexual content
material and/or coerced to engage in further abusing actions under the fear of
exposure to others of the material depicting them. In certain cases, the abuse escalates to such
an extent that victims resort to self-harm or suicide as their sole means of
escape.
Section 11 (v) of the POCSO Act
states that, “A person is said to commit
sexual harassment upon a child when such person with sexual intent threatens to
use, in any form of media, a real or fabricated depiction through electronic,
film or digital or any other mode, of any part of the body of the child or the
involvement of the child in a sexual act.”
This specific sub-section not only
addresses sextortion but also covers the growing concern of deep-fake or
morphed images and videos of the child, which is clear from the phrase “a
real or fabricated depiction through electronic, film or digital or any other mode”,
making it comprehensive legal safeguard against such evolving digital
threats.
This sub-section has in itself
element of criminal intimidation also, a concept that is also addressed under
section 503 of the IPC now, section 351(1) of the BNS, which explicitly defines
and outlines the offence of criminal intimidation but here in the POCSO the
intimidation is used against the child for sexual abuse. In some instances, it
may involve hostility or utilizing electronic methods to alert others about
impending damage by disseminating unsolicited images, among other actions.[19]However,
it addresses merely one facet of criminal intimidation. It may be associated with sextortion or aimed
at sextortion.[20]This
refers to the coercion of a child to solicit sexual favors under the threat of
publication or disclosure of the child's explicit images.
Criminal intimidation is delineated
in Section 503 of the IPC now section 351(1) of the BNS and encompasses threats
to an individual, their reputation, and their property. Nonetheless, Section 11(v) of the POCSO Act
does not encompass threats of harm to individuals or property, despite its
implications for a child's reputation. Consequently, an additional clause
should address threats to a child's property or reputation, or that Section
11(v) should be expanded to encompass these concerns.
Also, this sub-section need to be
modified to explicitly define the offence it addresses. While sextortion is not
a legally defined term, the provision should specify a particular offense to
ensure clarity and proper legal understanding. The preferred terminology is
“sexual extortion of children,” highlighting that this constitutes a form of
extortion that is inherently sexual and perpetrated against a minor. The often employed term
"sextortion" continues to be a subject of contention within the realm
of child protection, as it does not clearly demonstrate that this constitutes
sexual exploitation of a child and risks trivializing a conduct that can yield
very terrible repercussions.
ONLINE GROOMING (SECTION 11(VI))
(vi) entices a child for pornographic purposes or gives gratification
therefor.
The above sub- clause of section 11
states that a person commits sexual harassment upon a child when he/ she with
sexual intent “entices a child for pornographic purposes or in return offers
some form of gratification to the child”. In the context of child sexual
harassment, ‘grooming’ is the term which is now being widely used both in
national legislation and international conventions to describe the act of
enticement of a child for sexual purposes. Enticement refers to “something which
is used to attract or tempt someone”[21]
which, in fact, a typical method employed by a person grooming a victim.
While this provision deals with
enticement for pornographic purposes, it does not explicitly addresses with
‘online’ grooming which is increasingly prevalent in today’s times with rapid
evolution of ICTs. This creates a gap in the legal framework in the context of
technological advancements and increasing cases of online child sexual
harassment.
Conventions like Lanzarote
Convention, EU Directives and some non- binding instruments like The CRC
Committee and Resolution 2011/33 by the Economic and Social Council on
Prevention, Protection and International Cooperation against the Use of New
Information Technologies to Abuse and / or Exploit Children have explicitly
criminalizes online grooming. There are only two binding international
instruments which creates an obligation to the parties to criminalizes online
child grooming for sexual purposes, the Lanzarote Convention and EU Directive
2011/93. Under Article 23 of the Lanzarote Convention to constitute an offence
of online grooming (solicitation) following essentials needs to be fulfilled,
(i) “the solicitation of children for sexual purpose; (ii) the intentional
proposal to meet the child for the purpose of committing sexual offence; and
(iii) materials acts leading to such a meeting”. This provision does not
necessitate a physical contact per se for the offence to be committed, it is
sufficient that some actions were taken to ensure the meeting could take place.
In the EU Directives also requirement for ‘material acts’ is there but if there
is an act of solicitation of a child for giving sexual image of him or her,
then it is by itself a punishable offence (Article 6.2).
In these instruments physical meeting
or material acts leading to such meeting is necessary for constituting an
offence of online grooming but nowadays, due to technological advancements,
cases of online grooming have increased significantly and the ‘meeting’ is
never in person but rather occurs virtually. This encourages the creation of
child pornographic content and is frequently connected to other types of
exploitation like blackmail and “sexual extortion”. It seems necessary to
broaden the concept of “grooming to include online meeting in order to reflect
this reality”.
To address this ever-changing
scenario, Lanzarote Convention under Article 23 in an opinion adopted in 2015
itself held that, “the solicitation of children through information and
communication technologies does not necessarily result in a meeting in person.
It may remain online and nonetheless cause serious harm to the child.”[22]
As a result, the following elements seem essential in dealing and defining
enticement of child for pornographic purposes: (i) “contacting a child; (ii) if (online, through ICTs) ; (iii) with
the intent of luring or inciting the child; (iv) to engage in any sexual
activity by any means, whether online or offline”.
Section 11 (vi) of the POCSO Act,
2012 does not explicitly cover online grooming which is a growing form of
online child sexual harassment. Where the POCSO Act, 2012 falls short, Section
67 B (c) of the IT Act, 2000 steps in to address the gap. It states that
“Whoever, - cultivates, entices or induces children to online relationship with
one or more children for and on sexually explicit act or in a manner that may
offend a reasonable adult on the computer resource”. Although, the term
‘grooming’ is not mentioned in the provision but the ingredients of grooming
are prescribed under Section 67 B (c).
Another problem which arises in this
sub-section regarding the punishments given in Section 67B(c) of IT Act and
Section 12 of POCSO Act is that the offence mentioned in Section 11(vi) of
POCSO Act is similar to that of Section 67B of IT Act but, the punishments
mentioned in both the provisions are different. The punishment provided in IT
Act is more than that of POCSO Act which can result in clash while judging the
acts. The provision should be amended to explicitly recognize online grooming
as a criminal offence, in line with various international conventions and
treaties. This should include both instances where a child is solicited online
without any intention of an in-person meeting and cases where such solicitation
ultimately results in a physical encounter. The disparity in punishment between
the IT Act and the POCSO Act for similar offences may lead to conflicts in
adjudication, creating procedural difficulties and uncertainty in determining
which legal provision should be applied. To ensure consistency and avoid
confusion, the penalties under both the legislations should be harmonized.
CONCLUSION & SUGGESTIONS
Effectively
combating cybercrimes poses a significant difficulty, particularly due to the
internet's worldwide nature and the varying legal frameworks between nations.
The discrepancies in definitions and classifications of cyber offenses, such as
online child sexual abuse, cyber grooming, cyberstalking etc. generate
jurisdictional difficulties, hindering the harmonization of legal procedures
internationally. Moreover, the inconsistency in current legislation and the
swift advancement of technology create deficiencies in the legal framework,
impeding the prosecution of new cyber risks. Cross-border issues, insufficient legal frameworks in certain jurisdictions, and the lack of
comprehensive international cooperation agreements exacerbate the complexity.
The rationale
for amending and improving legislative frameworks is based on concerning
statistics related to online child sexual harassment, alongside effective
strategies adopted in nations with strong protections. This bolsters the case for prompt legislative
reforms in India. Currently, the most important legislation in picture is the
POCSO Act that deals with protection of children from sexual offences.
The Protection of Children from
Sexual Offences Act, 2012 was enacted to protect children from any form of
sexual abuse, sexual harassment, or sexual exploitation. The Act mainly covers
the physical acts of abuse; however, the wording of the Act is wide enough to
include online offences as well. However, with technology advancing rapidly and
with the increasing prevalence of cyber-crimes against children, strictly
literal interpretation of POCSO would not be able to capture the complex
reality of digital crimes. Such an interpretation will not be effective enough
in ensuring that the objectives of the Act are met
The rise in
children's utilization of ICT subjects them to numerous threats, including
online sexual exploitation, abuse, bullying, harassment, and extortion. The
detrimental effects of these cybercrimes can be irreversible, requiring
suitable legislative and technical interventions at both regional and national
levels. In addition to legal deficiencies, there are inefficiencies in
implementation as well that require attention.
Considering
the aforementioned factors, it is imperative to recognize the possible need for
revising existing legislation in India, particularly in light of the COVID-19
pandemic, which has resulted in a substantial rise in internet usage among
school-aged children. The antiquated character of India's existing legislation
highlights the necessity for amendments to adequately tackle the changing
dynamics of internet abuse.
Amending
several statutes can be intricate and onerous.
In contrast, formulating a specifically designed statute that tackles
the unique intricacies of online abuse offers the potential for a more
efficient and effective legal remedy.
This specific legislation would supersede all existing laws pertaining
to online sexual abuse, creating a targeted and comprehensive legal framework
to protect children in the digital era.
Protecting
children from online sexual abuse necessitates a cooperative endeavor among
parents, legislators, and society at large in the contemporary digital age. It
requires a holistic approach that incorporates education, open discourse, and
technology protections.
Parents are
essential by engaging in their children's life, informing them about online
dangers, promoting responsible digital behavior, and creating an atmosphere
conducive to open dialogue regarding online experiences. The implementation of
parental controls and monitoring technologies can provide an extra degree of
protection while accommodating the growing desire for privacy as children
mature. It is essential for parents, educators, and guardians to remain updated
about current online safety trends and concerns.
The deficiencies in legislation regarding
evolving online child sexual abuse offences such as, online sexual harassment,
child grooming, live-streaming of online child sexual abuse, sextortion and
cyberstalking etc., jeopardize our most vulnerable populations, exposing them
to the sinister aspects of the internet. This serves as a loud and clear cry,
emphasizing the necessity for our legislation to adapt rapidly and effectively
to protect our children from threats in the digital domain, akin to our efforts
in the physical sphere. The imperative for a thorough, rigorous, and
unequivocal legislative framework is paramount; the safety of our children
relies on it.
[1]Kailash Satyarthi Children's Foundation, Status of POCSO Cases 2017-2019
(Mar. 2021),
https://satyarthi.org.in/wp-content/uploads/2021/03/Status-of-POCSO-Cases-2017-2019.pdf.
[2] Ibid
[3]Priya
Aggarwal, Children: The Victim of Online Sexual
Harassment in India,
Lawctopus (Nov. 30, 2015), https://www.lawctopus.com/academike/children-the-victim-of-online-sexual-harassment-in-india/.
[4] WeProtect Global
Alliance, Technical Brief: Emerging
Concerns in Online Child Sexual Exploitation and Abuse (OCSEA) (Oct. 2023), https://safeonline.global/wp-content/uploads/2023/10/PFI_OCSEA_TechnicalBrief_-Emerging-Concerns.pdf.
[5] S. Khushboo v. Kanniammal,
(2010) 5 SCC 600
[6] Bandu Vitthalrao Borwar v. State
of Maharashtra 2016 SCC OnLine Bom 16128
[7] National Commission for
Protection of Child Rights, User Handbook on Protection of Children from Sexual
Offences Act, 2012, available at
https://www.pmc.gov.in/sites/default/files/69301171.pdf.
[8] Shankar Kisanrao Khade v. State
of Maharashtra, (2013) 5 SCC 546
[9] Indian Hotel & Restaurants
Assn. v. State of Maharashtra, 2006 SCC OnLine Bom 418
[10] Terminology Guidelines for the
Protection of Children from Sexual Exploitation and Sexual Abuse
[11] Ibid, pg25
[12] Ibid, pg19
[13] X v. State (NCT of Delhi),
(2022) 6 HCC (Del) 316
[14] Gannon, C., Blokland, A.A.J.,
Huikuri, S. et al. Child sexual abuse material on the darknet. Forens
Psychiatr Psychol Kriminol 17, 353–365 (2023).
[15] Sabu Joseph vs xxx, 2023 SCC
Online Ker 407
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Article Information
BEYOND THE SCREEN: LEGAL DIMENSIONS OF ONLINE CHILD SEXUAL HARRASMENT UNDER POCSO
Authors: KHUSHI CHOUDHARY, NISHANT ARYAMAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/29
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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