THE POCSO ACT AND THE DIGITAL AGE: SAFEGUARDING CHILDREN FROM ONLINE SEXUAL EXPLOITATION

Kizhakemadam Saraswathy Anantharaman, Student, Shivaji Rao Jondhale of Law and Reserach College

Abstract

The rise of the internet has brought new concerns. It is about protecting children from sexual abuse. The internet and digital platforms can make child exploitation easier than ever due to their accessibility. This list includes sexual harassment. Maintaining and distributing child sexual exploitation media (CSAM). Such crimes are difficult to detect, investigate, and prosecute. Because it is a cross-border crime. Why is that?

These crimes are hard to spot, investigate, and take to court because they often cross-country borders. The POCSO Act stands as a key weapon in India’s battle against child sexual abuse. This law has broad rules to fight various forms of abuse, but it still has limits regarding online crimes. As digital crimes keep changing, laws must also change to deal with new risks. This essay looks at how well the POCSO Act works for online abuse, checks out problems with enforcing it, and stresses the need to make big changes, use better tech, and get many groups to work together to keep kids safe online. It points out what’s good about the Act but also shows where it falls short in handling cyber crimes. By looking at current legal protection and offering practical ideas, this essay aims to help improve how we protect children as technology races ahead.

Even if digital technology has significantly changed communication and engagement, it has also created online opportunities for children at risk of sexual abuse. In this article, we examine the effectiveness of the POCSO Act in addressing the challenges posed by the Internet age. It details the most important provisions of the Act, discusses the relevance of dealing with cyber threat situations, and recommends ways to increase the efficiency of child protection under this provision.

I. Introduction

The way people communicate and access information has changed as a result of the digital revolution. A strong legal framework is essential to protect children, however, as these changes also facilitate the spread of online child sexual exploitation. To protect children from sexual abuse and exploitation, India passed the Protection of Children from Sexual Offenses (POCSO) Act in 2012. It is the digital age.

Online sexual harassment can take many forms. Including live sexual harassment. Sexual abuse, grooming, and child pornography. These crimes often cross -national borders. By leveraging the anonymity and global identity of the internet. In the electronic world, this article examines the ever-increasing changes to the POCSO law to deal with these crimes and explore any gaps that must be fixed immediately. Why is this important?

Child’s age

Under Article 1 of the 1989 Convention on the Rights of the Child, a child is defined as “every human being under the age of 18 years, unless the majority under the law applicable to the child has attained the age of majority.” States have different requirements. Different age aspects Cross-border cooperation in investigating child sexual exploitation and maltreatment may be hindered by these differences.

II. Overview of the POCSO Act

The POCSO Act was introduced to protect children under 18 years of age from sexual harassment and exploitation. Key features include:

• Overall definition: The Act defines various offenses. Including physical harm by punching and penetrating. Sexual harassment and the use of children for pornographic purposes.
• Survivor-centred Approach: This maintains child-friendly procedures during investigations and trials, such as recording messages in a non-threatening and intimidating environment, and protects the identity of the victim.
• Severe penalties: Penalties range from imprisonment to fines. It depends on the seriousness of the crime.

Since being certified, The POCSO Act has also been important in high-profile cases, such as the 2017 CSAM crackdown in Hyderabad. Collective efforts under the Act have led to the arrest and dismantling of human trafficking networks.

The POCSO Act is authorized to protect children under 18 years of age from sexual harassment and exploitation. Key features include:

• Broad definition: The Act defines various offenses. Including physical harm by punching and penetrating. Sexual harassment and the use of children for pornographic purposes.
• Victim-centered approach: Ensure child-friendly procedures during investigations and trials, such as recording messages in a non-threatening and intimidating environment, and safeguarding the victim’s uniformity.
• Severe penalties: Penalties range from imprisonment to fines. It depends on the seriousness of the crime.

III. The Legal Framework Under POCSO

The POCSO Act defines a range of child sexual offenses. Including sexual harassment, Physical abuse, and pornography, in particular, Section 11 defines sexual harassment very broadly. This includes actions related to online transactions. Section 14 stipulates that the use of children in pornographic materials is a criminal offense. And impose severe penalties for such offenses. These provisions highlight the Act’s potential to combat internet exploitation.

Amendments to the POCSO Act in 2019 increased penalties for serious crimes such as serious sexual harassment. And the introduction of the death penalty for specific crimes. However, most of these amendments focus on traditional forms of abuse. And it does not deal with emerging cyber crimes, for example, with due care. Where child offenders are exploited. Online trust leads to similar sexual abuse. This is a form of blackmail that involves explicit images. Which was insufficiently concealed as a result, children Risk of digital distortion.

IV. Types of online child sexual exploitation 

1. Online beauty treatments

  Child care (also known as seducing children or soliciting a child for sexual purposes) “can be described as the practice in which an adult ‘friends’ a child (usually online, but there are also offline rituals, which should not be overlooked) with the intent to sexually assault her/him” (Interagency Working Group) Available research and statistics show that the majority of rituals are performed by men. At least Women also solicit children for sexual and/or grooming purposes.

2. Exploitation materials

Known as “representations of children engaging in real or simulated explicit sexual acts, Or the sexual parts of a child for a primarily sexual purpose” (Article 2, United Nations Optional Protocol to the Convention on the Rights of the Child, the Sale of Children, Prostitution and Child Pornography, 2000) – Pornography (Center International for Missing and Exploited Children).

3. Live broadcast of child sexual abuse

    International, regional, and national legal instruments do not expressly address child sexual abuse in live-streaming. However, it may be considered an offense under various sections. Of these devices that are prohibited, “Children participate in pornography”.

V. Challenges in Addressing Online Exploitation

A. Issues of anonymity and jurisdiction. 

The global nature of the Internet poses enormous challenges in detecting and prosecuting offenders. Anonymous tools like virtual private networks (VPNs) make detection harder. In addition, crime often involves perpetrators and victims in different jurisdictions, creating complex legal and policy barriers.

B. Digitally disconnected

Children and countries often need more awareness to understand and report online surveys. This uncertainty affects the effectiveness of preventive measures. Cybercriminals take advantage of this lack of knowledge. Usually, their parents use social media platforms and gaming apps.

C. Don’t forget the evidence

Digital proof often disappears fast and is hard to keep safe. Not enough agencies focus on cyber crimes, which hold back law enforcement. This includes delays in getting info from digital service providers. Most of them weren’t around. They stopped looking in time.

D. Cross-Border Jurisdiction Questions

Violators generally operate in different sectors. This is complicated or prosecuted under national law. The POCSO Act lacks clear provisions to deal with cross-border crimes. This makes it necessary to rely on international agreements and cooperation. Or that could cause justice to be delayed.

These challenges highlight the need to expand the scope of the POCSO Act and its implementation mechanisms to effectively deal with the complexities of online sexual surveys.

1. Strengthen the prison device
   The POCSO Act desires to be amended to address cybercrime. Digital systems can also have obligatory reporting requirements. Apart from fraud and sexual harassment, India can also draw thought from international norms at the side of the Budapest Convention on cybercrime. Development of strategies for pass-border collaboration.
2. Increase the potential of regulation enforcement
   There is a need to create a specialized cybercrime crew with an understanding of digital evidence control. Training packages for law enforcement officials and judges can improve online case management. Investing in advanced forensic tools for virtual footprint analysis and evidence restoration needs to be a concern.

3. Creating Awareness
   Public attention campaign concentrated on children to assist parents and teachers reduce hazards. This campaign should sell cyberbullying. Secure Internet Practices and Reporting Methods Partnering with a technical college agency to create a kid-friendly online internet site and an AI-powered monitor is extraordinarily tough.

4. Strengthening Global Cooperation
   Considering the superior world of online development, worldwide integration is consequently hard. India should actively take part in international tasks to combat child exploitation. And bilateral agreements to improve cross-border studies.

VII. Miscellaneous 

1.  Online Child Sexual Exploitation and Abuse – UNODC

        Online sexual exploitation of children and online pedophilia the use of information and communication technology is a means of sexually exploiting and/or sexually exploiting children. The United Nations Economic and Social Commission for Asia and the Pacific (UN ESCAP) (1999) defines child sexual abuse as “A child or older child who knows a child or adult (” of a stranger) Contact or interaction with siblings or persons or rights such as parents or guardians). When children are used as objects for the sexual desire of older children or adults. Committed to children through the use of force, deception, bribery, intimidation, or pressure.” Child sexual abuse child sexual abuse and/or other sexual abuse involving the use of children. Those involved in some type of exchange (such as love, food, drugs, and shelter) (UNODC, 2015) Indeed, it is difficult to distinguish between child sexual abuse and child sexual abuse. Violations due to “There is considerable overlap between them” (Interagency Working Group)

2. Budapest Convention.

      The Budapest Convention or Convention on Cybercrime is also known as the Council of Europe Convention on Cybercrime. It was the world’s first international treaty to focus on the increase in cybercrime. It appeared in 2001 and entered into force on 1 July 2004.

The treaty has three main objectives: improving investigative techniques. Increasing international cooperation and, finally, harmonizing national laws. Participating countries must also adopt laws containing several final evidence-gathering rules that prohibit identifying cyber-related crimes.

Conclusion:

The POCSO Act is an important step in protecting children in India. however, the legal framework needs to be continually updated to deal with emerging threats in the digital age. Strengthen the Act and increase enforcement capacity, and promote cooperation between stakeholders. India can do better in protecting children from online sexual exploitation. As technology continues to develop, there must be strategies and regulations designed to protect children from harm.

The POCSO Act is a robust legal framework adapted to the challenges emerging in the digital age. However, the rapidly evolving nature of online threats requires continuous improvements in legislation, enforcement, and awareness. Public knowledge by leveraging technology responsibly and promoting collaboration between stakeholders. India can create a safe digital environment for its children. The POCSO Act should include provisions to deal with online-related crimes. To ensure the protection of children from social exploitation in the digital space.

References:

1. Protection of Children from Sexual Offenses Act No. 14,15,19 and 20 of 2012, Code of India (2012)

2. Protection of Children from Sexual Offenses (Amendment) Act No. 25 of 2019, Code of India (2019)

3. Indian Journal of Law and Legal Research Palvi Mathavan Puri Assistant Professor Law School Jammu University 

4. Child Exploitation and Online Protection, U.N. Organization Doc. (January 15, 2023): https://www.unodc.org/e4j/en/cybercrime/module-12/key-issues/online-child -sex-exploitation- and-abuse.html

6. Children’s digital safety: To create a safe online space https://www.omidyarnetwork.in/insights/creating-safe-online-places-children’s-digital-safety

7. Budapest Convention on Cybercrime 2001 ETS No. 185

9. UNICEF, The State of the World’s Children 2022: Digital safety and children