India has blocked around 857 pornographic contents and websites in 2015 to stop this menace and decision was taken under the information technology act in consonance with article 19(2) of the Indian constitution, later this ban was lifted and implemented to only websites that contain child porn.
Child pornography is the exploitation of children for sexual stimulation. With the increase and more readily access to the World Wide Web over the past decade, child pornographers have found its place for showing horrific pictures and videos of children being sexually harassed. Federal law of USA defines child pornography visual depiction of sexual conduct involving a minor. However, this term fails to define the horror faced by the countless children every year.
Recently a study conducted by UNICEF found that 1 out of girls and 1 out of 5 boys were sexually assaulted before they reach the age of 18 years and 90% of these know their offenders. According to national centre for sexual abuse child pornography is one of the fastest growing online business in India and also across the world.
International Conventions that makes Child Pornography an offence
Article 34 of the United Nations conventions on the rights of the child,1982 puts an obligation on the states to undertake all appropriate national, bilateral and multinational measures for the protection of children from all forms of sexual exploitation and abuse. United Nation conventions on the rights of the children, 1982 are the first legally binding treaty on the rights of the children from sexual abuse.
Also in 2000, United Nation of General assembly adopted the optional protocol for the sale of children, child prostitution and child pornography, this protocol also recognised the rights of the victims of these crimes and it also laid down the standards for the protection of victims in the criminal justice system. The convention on the protection of children against sexual exploitation and sexual abuse which was adopted in the year 2007, categorize child pornography within child abuse but it lacks global adoption as it has only been adopted by the European Nations so far.
Information Technology Act, 2000:
The IT Act, 2000 that was amended in 2008, led to the incorporation of section of section 67B which criminalized the child pornography and relevant sections;
1.Section 66 E Punishment for violation of privacy
2.Section 67 Punishment for publishing or transmitting obscene material in electronic form
3.Section 67 A Publishing or transmitting of material containing sexually explicit act, in electronic form
4.Section 67 B Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
The Protection of Children from Sexual Offenders Act, 2012
In recent development, the government of India, came up with new definition of child pornography in the POSCO Act, which says any visual depiction of sexually explicit conduct having involvement of child which includes photos, videos, digital or computer generated image, indistinguishable from an actual child and an image created, adapted, or modified but appear to depict a child’.
The provisions relating to Cyber Pornography under the POCSO Act are
Section 13 – Whosoever uses a child in any form of media for the sexual gratification shall be guilty of the offence of child pornography.
Section 14 – The punishment for using a child for pornographic purposes is mentioned with minimum of 5 years imprisonment and maximum to Life Imprisonment for use of a child for the pornographic purpose resulting in aggravated penetrative sexual assault and Death is mentioned in the 2018 Bill.
Section 15 – If a person stores pornography that involves a child, in any form then he shall be imprisoned to 3 years or fine or both.
Role of Judiciary:
For the first time offenders, it provides imprisonment for 5 years and a fine of 10 lakh rupees and for the subsequent offenders the term of imprisonment is 7 years along with a fine. Section 14 of the POCSO Act criminalized the use of children for pornographic purpose in any form of media including the portrayal of child’s sexual organs, the participation of child in sexual activities is inappropriate and the storage of child pornographic material for commercial purpose is criminalized.
Honourable Supreme court of India and various other courts have taken initiative to curb child pornography. In the case of Kamlesh Vaswani Vs Union of India (2016) 7 SCC 592 Supreme court has adopted various measures towards blocking child pornography and also made certain rules and regulation initially to stop child pornography and to deal with subsequent kind of grievances.
Mental trauma faced by children
The term child pornography fails to describe the true horror that is faced by countless childless every year. It has been agreed by the experts that victim depicted in child pornography often suffer a lifetime of revictimization by knowing the images of their sexual abuse are on the internet forever. The children being exploited in these images or videos must live with the permanency, longevity and circulation of such a record of their child victimization and this creates lasting psychological damage to the child, including disruption in sexual development and developing trusting relationship with others in the future and cause physical and psychological damage caused to the child victims.
Many offenders still uses encryption technique to hide their amassed collection of illicit child abuse images. It is not a one time event, but an ongoing victimization that lasts for months or years. Many victims may suffer from the feelings of helplessness, fear, humiliation and also there is lack of control given that their images are available for others to view in perpetuity. There is increase in the number of images are available depicting sadistic and violent child sexual abuse and it may deter child growth.
No country is immune from child sexual exploitation. India has tried many approaches till now but this problem needs more stringent punishment and has taken a number of steps to be implemented by Internet Service Providers (ISPs) to protect children from sexual abuse online.There are still lacunas in the criminalization of child pornography and this problem needs a permanent solution.
About the author –
This article is authored by Priya Singh, second year law student at Chanakya National Law University, Patna.
