The Ministry of Home Affairs has assigned the National Crime Records Bureau (NCRB) a critical role in addressing issues related to child pornography and sexual violence videos. The NCRB will act as the nodal agency for supervising all complaints submitted via the government portal. Their duties will also include collaborating with internet service providers – for instance, Facebook, YouTube, and WhatsApp – to block harmful content. They can take action based on received complaints or even initiate proceedings on their own.
About the National Crime Records Bureau
Established in 1986 under the Ministry of Home Affairs, the NCRB is situated in New Delhi. It serves as an information hub about crime and criminals, aiding investigators in connecting crimes to their perpetrators. The creation of the NCRB was premised on recommendations from the National Police Commission (1977-1981) and the MHA’s Taskforce (1985). This agency emerged from a merger of different law enforcement entities, such as the Directorate of Coordination and Police Computer (DCPC), Inter State Criminals Data Branch of CBI, Central Finger Print Bureau of CBI, and the Statistical Branch of BPR&D. In 2009, the NCRB developed the Crime and Criminal Tracking Network and Systems (CCTNS), linking nearly 15,000 police stations and 6,000 higher offices nationwide.
Legal Background
Section 67(b) of the Information Technology (Amendment) Act 2008 outlines those liable for publishing or transmitting materials featuring children in sexually explicit acts. Violators include not only creators and sharers of child pornography but also those who view, browse or download such content. Despite stringent laws, India remains a major contributor and consumer of child pornography.
High-Powered Committee Recommendations and Supreme Court Intervention
The Supreme Court intervened in 2017, urging the Centre to implement proposals from a high-powered committee on child pornography, rape, and gang rape videos. The committee’s key recommendations included expanding the list of keywords for searching Child Porn (CP) content, establishing regulations for reporting identified CP/rape, and introducing a rigorous verification process for uploaders of such content.
Initiatives by the Ministry of Home Affairs
The Ministry of Home Affairs has undertaken several initiatives to tackle cybercrimes against women and children. They are executing the ‘Cyber Crime Prevention against Women and Children (CCPWC)’ scheme, using NIRBHAYA funds for the period 2017-2020. This scheme aims to train 27,500 police personnel nationwide, establish an online cyber-crime reporting platform, and launch “CyberDost” for public awareness. It also aims to facilitate the removal of child pornographic content in collaboration with concerned ministries.
Centralised Online Portal and Helpline Number
In 2018, the Ministry launched a centralised online portal, http://www.cyberpolice.gov.in, and a helpline number ‘155260’ to accept complaints related to child pornography and rape/gangrape (CP/RGR) content. The Supreme Court has mandated ISPs to develop strategies for preventing the spread of sexual assault videos and child pornography through their platforms within a given timeframe.
Challenges and Concerns
Despite these measures, experts voice concerns about the effectiveness of blocking search engines like Google in curbing child pornography and sexual violence videos. Search engines can remove objectionable content but cannot entirely eliminate it from the internet. Additionally, the blocking of keywords used to find such content has questionable efficacy, as perpetrators may simply create new keywords. Peer-to-peer networks also enable the circulation of such content while keeping user information confidential, posing a significant challenge in the fight against these crimes.