NHRC Recommends Changes to POCSO Act for Protection of Children

The NHRC has issued an advisory recommending changes to the POCSO Act, including replacing the term child pornography with Child Sexual Abuse Material (CSAM) and using technology to proactively detect CSAM.

In a significant move aimed at strengthening the fight against child sexual abuse, the National Human Rights Commission (NHRC) has issued an advisory with multiple recommendations to enhance the Protection of Children from Sexual Offences (POCSO) Act, 2012. The advisory was released on Friday and forwarded to all states and Union territories in India, with a request for an action-taken report within two months.

The first part of the four-part advisory suggests replacing the phrase 'Child Pornography' in Section 21(da) of POCSO Act, 2012 with 'Child Sexual Abuse Material' (CSAM). The NHRC recommends that terms like "use of children in pornographic performances and materials", "child sexual abuse material" and "child sexual exploitation material" should be preferred over "Child Pornography". To ensure prompt identification and removal of online CSAM, it is also suggested that sexually explicit content needs to be defined under Section 67B of IT Act, 2000.

Reconsidering Quantum Of Punishment For Online CSAM

The rights panel advises reconsideration or exemption from application of Section 41A CrPC by making appropriate legislative changes due to severity of offences related to online CSAM under Section 14 of POCSO Act and Section 67B IT Act. Currently these offences carry punishment seven years or less.

Detection And Removal Of CSAM By Intermediaries

The advisory also calls upon intermediaries including social media platforms, Over-The-Top (OTT) applications and Cloud Service Providers to deploy technology such as content moderation algorithms for proactive detection and removal of CSAM on their platforms. It further proposes mandatory additional protocols/technology for platforms using end-to-end encryption services to monitor circulation of CSAM. Failure to do so could result in withdrawal of 'safe harbour' clause under Section 79, IT Act, 2000.

Establishment Of Specialised Central Police Unit

The NHRC has recommended the establishment of a specialised central police unit within the Indian government to handle CSAM-related matters including detection and removal of such content. This unit should comprise experts capable of identifying and apprehending CSAM offenders both on dark web and open web while developing a comprehensive response for investigation and law enforcement.

State And UT Level Specialised Units And National Database

The advisory suggests that every state and Union Territory should have at least one specialised police unit for detecting and investigating CSAM cases. It also recommends the creation of a national database with hash values of known CSAM by the proposed central police unit, enabling intermediaries to block required content effectively.

Sensitisation Of Officials And Support For Survivors

In addition to legal measures, the commission has emphasised sensitisation training for officials dealing with these issues along with psycho-social care support for survivors. Rehabilitation opportunities through partnerships with civil society organisations are also suggested as part of the recommendations.

In conclusion, these recommendations by NHRC mark an important step towards combating child sexual abuse in India. With changes in terminology reflecting severity of offences, stricter punishment provisions, enhanced technology deployment for detection/removal of offensive material and increased focus on survivor support; it is hoped that these steps will lead to significant reduction in such heinous crimes against children across India.