Protect the Child from Online Sexual Abuse: Laws and Punishments by Enaakshi Majumdar

A positive scope is steadily evolving towards a more inclusive understanding of Child Sexual Abuse that is broadly defined as any sexual activity perpetrated against a minor by threat, force, intimidation, or manipulation. The array of sexual activities thus includes fondling, inviting a child to touch or be touched sexually, intercourse, rape, incest, sodomy, exhibitionism, involving a child in prostitution or pornography, or online child luring by cyber predators.

Worldwide scrutiny has uncovered the rising pattern of focusing on kids online over the globe. All things considered, there is a requirement for successfully focusing on online predators. An enormous number of nations have passed different enactments to manage youngster misuse. Be that as it may, enactments which explicitly target shielding kids from online predators are rare.

India is a special case in such a manner. India doesn’t have a devoted, direct enactment on ensuring youngster rights in the online condition and the internet. In any case, a few arrangements have been included under the Indian Data Innovation Act, 2000.

The noteworthy part of Area 67B of the altered Indian Data Innovation Act, 2000 is trying to ensure awareness amongst youngsters. The law punishes any and each individual who encourage the maltreatment of kids on the web, under Segment 67B (d) of the changed Indian Data Innovation Act, 2000. The law explicitly focuses on those people who develop, allure, or prompt kids to online relationships, with at least one kids, for or on the explicitly unequivocal act(s). The said demonstration is a particular cybercrime under Area 67B(c) of the altered Indian Data Innovation Act, 2000. Further, it is additionally a wrongdoing if any individual develops, lures, or incites youngsters in a way that may affront a sensible grown-up on the PC asset.

Plainly the law has been drafted in extremely huge terms and a huge number of situations can be brought inside the ambit of this enactment. The positive part of Area 67B is that it gives detainment to a term which may reach out to 5 years and with fine which may stretch out to 10,000,00 INR. This viably makes Segment 67B a non-bailable offense consequently making the vital discouragement. Be that as it may, it is a revolting truth that Area 67B isn’t every now and again conjured. Thusly, at the hour of composing, there are no detailed feelings of online predators under Segment 67B of the revised Indian Data Innovation Act, 2000. Obviously, the law characterizes kids to mean an individual who has not finished the age of 18 years.

In the present situation, when huge number of Indian youngsters are on the web and are utilizing advanced mobile phones and specialized gadgets, there is a critical and quick need to secure and safeguard their online rights. This is fundamental not exclusively to secure kids on the web yet in addition to guaranteeing that the honesty adolescence of kids isn’t forever scarred by baseless and crimes of online predators and pedophiles.

The need of the day is to guarantee powerful execution of the law. In a nation where youngster misuse cases are not regularly announced, getting feelings in these digital criminal issues relating to online predators focusing on kids turns into a major test. Obviously, all partners need to contribute toward this path. The law is as of now set up. What is required is to guarantee that the law is successfully executed and all means must be taken to ensure youngsters and their privileges in the electronic condition.

The battle against online predators and pedophiles is a steady one. No measure of law can really discourage any pedophile from feeling free to execute his unlawful plans. Nonetheless, if the law is successfully actualized, it can make a prevention in the brains of others that they could confront brutal lawful results on the occasion they are gotten. The secrecy of the Web likewise perpetually gives a feeling of lack of concern to the digital crooks who feel free to target kids without any potential repercussions from their committed PC assets.

The POSCO Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court. An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc.

The need of the hour is to empower children, their parents and families. All stakeholders have to together contribute to protect children online. Any kind of predatory online behaviour and pedophilic behaviour needs to be specifically reported and targeted.

Being aware and spreading awareness of the menace of online predators and pedophiles and by taking constant positive cogent steps to protect children from such predators is the best way forward for a secure future of children in cyberspace.

References
1. Putnam FW: Ten-year research update review: Child sexual abuse. J Am Acad Child Adolesc Psychiatry, (2003).
2. Wolak J, Finkelhor D, Mitchell KJ, Ybarra M: Online “predators” and their victims: Myths, realities, and implications for prevention and treatment. Am Psychol,( 2008).
3. Collin-Vézina, D., Daigneault, I. & Hébert, M. Lessons learned from child sexual abuse research: prevalence, outcomes, and preventive strategies. Child Adolesc Psychiatry Ment Health 7, 22 (2013).
4. Child Sexual Abuse And The Law In India
https://legalserviceindia.com/legal/article-809-child-sexual-abuse-and-the-law-in-india.html
5. Online predators and Indian Cyberlaw
https://economictimes.indiatimes.com/blogs/Cyberlawsintodaystimes/online-predators-and-indian-cyberlaw/
6. Image Credit (for poster): Getty Images/iStockphoto

One Reply to “Protect the Child from Online Sexual Abuse: Laws and Punishments by Enaakshi Majumdar”

  • Hey Ennakshi! This one is concise and noteworthy way of explaining your topic! Loved this 🙂

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