Child pornography – What Law Says?
In the present era, technology has been growing so rapidly that even the law has found it difficult to deal with.
MEANING OF CHILD PORNOGRAPHY
Child pornography refers to any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old). Child pornography is a form of sexual exploitation.
INTERNATIONAL JUDICIAL APPROACH AGAINST PORNOGRAPHY
The International Centre for Missing and Exploited Children in collaboration with Interpol, the world’s preeminent law enforcement organization found through the study found that in 138 countries, child pornography is not a crime.
INDIA’S JUDICIAL APPROACH AGAINST PORNOGRAPHY
In India, the Judicial approach while dealing with cases relating to child pornography seems to be lighter Recently Madras High Court in the case titled ‘P.G.Sam Infant Jones v. State rep. by the Inspector of Police, Thallakulam AWPS, Madurai while granting anticipatory bail to a youth who apprehended arrest for sharing child pornographic content, has observed that the menace of child pornography can be tackled only if all inculcate the right values. Justice G.R. Swaminathan observed that Section 43 of the POCSO Act, 2012, says the Central and the State governments must take measures to spread public awareness about the provisions of the statute. Therefore, it is only through moral education there can be a way out. It is only the ‘Bharatiya’ (Indian) culture that can act as a bulwark”.
LAWS RELATING TO CHILD PORNOGRAPHY IN INDIA
There are several laws that deals with child pornography in India as:
Punishment under the Protection of Children from Sexual Offences Act, 2012
Section 14 of the Protection of Children from Sexual Offences Act, 2021 provides punishment for using a child for pornographic purposes. It says anyone using a child for the pornographic purpose shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be liable to fine.
It further says that if any person using a child or children for pornographic purposes under sub-section (1), commits an offence referred to in section 3 (penetrative sexual assault or section 5 (Aggravated penetrative sexual assault) or section 7 (sexual assault) or section 9(aggravated sexual assault) by directly participating in such pornographic acts, then in such a case he shall be punished for the said offences also in addition to the punishment for using the child for pornographic purposes.
SECTION 67b of Information Technology Act, 2000
Section 67b of the Information Technology Act, 2000 penalises the publication and transmission of obscene material, of material containing sexually explicit acts, and of material depicting children in sexually explicit acts in electronic form. The punishment can be up to 7 years along with a fine that can be up to 10 lakh.
Apart from the above laws, several other offences are enumerated under the Indian Penal Code, 1860 relating to child sexual abuse such as section 373(Buying minor for purpose of prostitution), section 372(Selling minor for purpose of prostitution), section 292 (Sale of obscene books) , section 293( sale of obscene objects to young person) and section 294 ( obscene act and songs in a public place).
INTERNATIONAL LAW
International laws and various treaties have also played a vital role in combating child pornography.
The United Nations Convention on the Rights of the Child, 1989, is the first legally binding treaty on the rights of children which provides for the protection of children from sexual abuse. Under Article 34 of the United Nations Convention on the Rights of the Child, all the member states undertake to take all appropriate national, bilateral and multinational measures in order to protection the children from any form of sexual exploitation or abuse.
An Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography was adopted in the year 2000 by the United Nations General Assembly. It is the leading universal treaty that deals specifically with the issue of sexual abuse of children and also recognises the rights of the rights of victims of the crimes involving children and standards for the protection of victims in the criminal justice process was also laid down.
Article 3 of the United Nations Convention on the Rights of the Child pertaining to Optional Protocol mandates the States to criminalize the production, distribution, importation, exportation, dissemination, offer or sale of child pornography and Article 3(1)(c) puts and obligations on the States to punish the possession of child porn where in case it is for any of the purposes previously mentioned.
The Council of Europe Convention on Cybercrime (2001), also known as the Budapest Convention, is among the foremost conventions where the child abuse is dealt with more pragmatic approach having a universal application for the judicial officers as well as for the law enforcement agencies at the same time. Article 9 of the Budapest Convention defines child pornography as, “a material that visually depicts a minor or a person appearing to be minor to be engaged in a sexually explicit act.”
The Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2007) treats child pornography as child abuse. And also covers sexual tourism within the category of child abuse. However, this has been adopted only by the European Nations and it lacks the global adoption.
CONCLUSION
Child is re-victimised each and every time when an image of sexually assaulted child is traded, distributed, printed, seen or downloaded. Moreover, in the course of such sexual assault may also lead to physical injuries, such as genital bruising, lacerations, or exposure to sexually transmitted diseases and it may also cause depression to child victims . Such effects may continue into adulthood. Therefore, a strict legislative approach is required in order to deal with cases relating to child pornography so that it will no longer remain a menace to society.