Unveiling The Gaps In Child Protection Laws Amidst Online Sexual Abuse In India

Ananya Malhotra, Christ Deemed to be University, Bangalore

ABSTRACT

In the contemporary context, information technology has been seamlessly integrated into the structure of everyday existence, catering not only to adults but also engaging children as young as four or five years old. Amid this captivating digital landscape, however, there is a huge amount of inappropriate and uncensored content on the Internet. Furthermore, there is a disturbing presence of criminals who deliberately target vulnerable children, to exploit and harm them. These criminals commit serious crimes such as child pornography, sexual harassment, and cyberbullying. A large study conducted by India's Ministry of Women's and Child Welfare in 2007 examined more than 12,000 children and amazingly revealed that 4.4% of them had had a terrible experience with child pornography.

This study focused on assessing the extent to which Indian law protects children from online sexual abuse, which is of primary concern. The main laws mentioned are the Information Technology Act 2000 and the Child Protection from Sex Crimes Act 2012. However, these laws have notable shortcomings. For example, Section 67B of the Information Technology Act regarding child pornography does not provide a clear definition of the term itself. Similarly, the Child Sex Crimes Protection Act 2012, while important, does not adequately address emerging cybercrime such as the use of stolen identities to exploit children online.

This study critically examines these gaps in the current regulatory framework in India, analyzing in depth their impact on the protection of children from online sexual abuse. The study offers a way forward by advocating stronger regulatory measures to adapt to the rapidly changing digital landscape. This involves not only clarifying definitions but also expanding the regulatory framework to deal with new cyber threats that specifically target vulnerable young people. Through an in-depth exploration of case studies, comparisons with other legal systems, and the formulation of policy recommendations, this article aims to stimulate meaningful discussion about the important task of protecting citizens.