THIS ARTICLE IS WRITTEN BY Ansari Shaheen Shamshadali a final year student of University of Mumbai.

INTRODUCTION:

In today era, Internet has become the main centre of attraction for every person. It is not wrong to say that we have devoted our life to internet. We cannot imagine our life without Internet, it just not only become addiction but it also become a necessity. From this, our most important topic start is Child Pornography on the Internet. Due to social media engagement, everyone wants to become famous, from this aspect not only adult but children are also engaging themselves into this. Posting an image on the social media, some hacker editing the children image as nudity.

MEANING:

Child Pornography is basically a depiction of minor who has engaged in the sexual abuse related aspect. This can be including their pictures, videos and any other related content. Alteration of child image from original image can be led to criminal offence.

DEFINITION:

According to the Ministry of Women and Child Development, child pornography is defined as “any visual depiction of sexually explicit conduct involving a child which includes photographs, videos, digital or computer-generated image indistinguishable from an actual child and an image created, adapted or modified but appear to depict a child.”

CAUSES OF CHILD PORNOGRAPHY:

1. Fame: People are eager to get fame. With fame they can achieve their goal but, in the pornography, people are getting fame at very early stage because it is easy to get. As per the psychological study, humans addicted towards to get the fame.
2. Financial Crisis: In India 4500 children are dying every day. So, this can be one of those reason.
3. Easy availability: With the help of Internet person can avail the information with the one click. Due to easy availability and weak agencies of law, there will be more encouragement of child pornography in India.
4. Slavery: Though the Slavery is abolished in India. According to the INDIAN SLAVERY ACT, 1843 ACT No. V. Of 1843 (Rep., Act 48 of 1952) [7th April, 1843]. Passed by the Right Hon’ble the President of the Council of India in Council, On the 7th of April, 1843, with the assent of the Right Hon’ble the Governor General of India. But still Slavery is happening in implicitly. There are lots of evidence which is shown in a city like Mumbai, Delhi and other city. Through this Slavery, there can be a chances of Child Pornography.
5. Family Attitude: Family Attitude can also be reason of child pornography, family upbringing of child really matters a lot, if parents are involved in illegitimate activity then child can also be engaged in those activity. There might be a chance, he may continue the same practice which his parents may involve.
6. Friends Circle: Friends Circle is very important. There are some children who involve themselves in the child pornography activity. The reason behind this is mainly financial crisis, addiction, under influence of other and others.
7. Social Media: There are some gaming application and website where children can engage themselves in the pornography world. These websites basically develop intimacy building among children.

IMPACT/EFFECT OF CHILD PORNOGRAPHY:

Pornography can harm children’s childhood. This led to careless attitude towards the career, human behaviour, social habits, and their well-being. This can be understood from the following points:

1. Bad Mental Effect: Porn sites may trap a children into depression, anxiety and unwillingness to do any work. It blocks the child mind and functioning. As per many research, at earlier age child are more creative than his adults age but due to this pornography problem their creativity becomes unproductivity.
2. Bad Health effect: Porn activity greatly impact on the children health. As watching porn sites, they may not involved in the productive activity. From this unproductive activity, children physical growth will not develop in the correct manner.
3. Sexual Addiction: Sexual Addiction may lead the child in the wrong path. They can be so much addicted towards it, that any cost they want to have sexual activity. The question arises is here, how there are addicted towards it? The answer would be, there  some movies and porn video sites which mainly promotes it, in an indirect and direct manner.
4.  Behaviour Effect: Due to this problem, there though of process may involved in a malicious stuff. They no more act as a child should be. They may involve themselves in those activity in which they are getting sexual pleasure.
5. Low Career Growth: Child who is involved in the pornography activity may involve himself in the sexual activity rather in a career growth activity. This not only impact on the child future but it also has impact on the country future.
6. Stereotype Mindset towards gender equality: From this sexual culture child may developed stereotype Mindset towards gender equality. Male Child will not encourage a female for giving an equal opportunity. They may only use a female for their pleasure. There might be chance of building a rape culture, which is extremely dangerous. There are many cities in India which is not safe for a woman even a day light.

REGULATION:

In India most of the population is young, young generation has all power to take a country into top. If this young generation are going to involved in the unproductivity aspects, then India or any other country around the world can never be great country. For this problem there are some laws and regulations, which mainly deals with these problems. The laws and regulations are as follows:

1. Protection of Children from Sexual Offences (POSCO) Act.
2. Amendment to POSCO Act, 2012.
3.  Indian Penal Code, 1860 under Section 293 and 292.
4. Information Technology Act, 2000 under Section 67 B

At World UNICEF is taking care of these problems;

CASE LAW:

Bachpan Bachao Andolan v. Union of India

Facts:

1. The petition has been filed in PIL (public Interest Litigation) under Article 32 of the Indian Constitution.
2. The Children are victim of physical abuse as well as emotional abuse. As they were slackening in circuses.
3. Complaint made regarding of missing children. 
4. There are some additional direction for executing the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000 as amended 2006.
5. The court passed an interim direction the missing children should also be made in FIR.
6. The doubt raises by the State of Madhya Pradesh that if missing child will be reduced in writing but the provision of the Section 154 of the Code of Criminal Procedure, 1973, which relates to information in cognizable cases.

Issue: 

Whether the writ of mandamus or any other appropriate writ, order or direction, directing the respondents to frame appropriate guidelines for the persons engaged in circuses be filed?

        Held: 

Article 21A of the Indian Constitution deals with fundamental rights of children, as it responsibility of the Government must look after this matter and issue some regulation regarding the prohibition of children employability.

The direction is given to the Respondent that to liberate the children and scrutinize the violation of fundamental rights of the children. Till the age of 18 years, children’s will be kept under in the Care and Protection Homes.

CONCLUSION:

As this is a major problem, to resolve this problem, proper education must be given to the children. Sexual content should abolish as it has no use for society it only gives the bitter pleasure. Government and NGO should organize awareness programme, webinar and some useful interaction session for children so that children may involve themselves into productive activity.

REFRENCES:

1. https://www.lawinsider.in/judgment/bachpan-bachao-andolan-vs-union-of-india-others
2. https://blog.ipleaders.in/remedies-child-pornography-law/#:~:text=pornography%20in%20India-,Under%20Protection%20of%20Children%20from%20Sexual%20Offences%20Act%2C%202012%20(POCSO,section%2013%20of%20the%20Act.
3. https://blog.ipleaders.in/child-pornography-reasons-impact-and-regulation/
4. https://www.drishtiias.com/loksabha-rajyasabha-discussions/the-big-picture-pornography-impact-on-children-society

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