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Cracking down on child porn

WITH India having among the largest population of children in the world, it is incumbent on the guardian-State to ensure dynamic laws that guard its precious resource against violation.

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WITH India having among the largest population of children in the world, it is incumbent on the guardian-State to ensure dynamic laws that guard its precious resource against violation. In an ever-changing environment that puts children at infinite risk, the proposals under Section 15 of the Protection of Children from Sexual Offences Act (POCSO) are a re-affirmative obligation of the State to keep its promise to its youngest citizens. Under the proposals forwarded to the Law Ministry by the Women and Child Development Ministry, ‘transmitting, propagating and distributing’ child pornography material will be made a non-bailable offence, with a five-year prison term, or fine, or both. Repeat offenders would be facing seven-year incarceration. The strictest punishment, notably, is for those circulating it for commercial use. Those guilty of not reporting it will also be liable to punishment. All very welcome measures.

Currently, Section 15 of the 2012 Act underlines a term of maximum three years. A compelling need for a legal remedy was felt since about 24 per cent of all children have suffered abuse, most of them, sadly, at the hands of persons in the position of trust — close relatives, schools, shelter homes (Muzaffarpur is a case in point) — making the crime that much more ghastly. An evolving society can ill afford to get too comfortable. Laws must be revisited to check them for such aspects as deterrence, efficacy and speedy trial to keep pace with — and, ideally, stay a step ahead of — perpetrators of crime. 

Before POCSO, the Goa Children’s Act, 2003, was the only legislation addressing child abuse. A more robust Act was essential in the light of prosecution loopholes under the relevant IPC Sections. Again, implementation is the golden key. Even those with objectionable images or videos on WhatsApp may come under the radar, though monitoring it will be a challenge. The net has justly been cast wide, but the State would be careening on thin ice if speedy execution falls through. With some very vile minds at work, a smartphone in every hand, and Internet a click away, it is for all — not just the State — to guard ferociously the innocence of our children.

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