Recent activities have brought to light an integral operation code-named “Megh Chakra”. Triggered by inputs from the Interpol’s Singapore special unit and information relayed from authorities in New Zealand, this operation is a pan-India drive against the circulation and sharing of Child Sexual Abuse Material (CSAM). Led by the Central Bureau of Investigation (CBI), this operation aims to collate relevant information from various law enforcement agencies in India and across the globe, coordinating closely through Interpol channels on the issue.
Megh Chakra Operation: Key Highlights
The Megh Chakra Operation involved conducting searches at 59 locations across 20 Indian states and one Union Territory. These investigations were rooted in allegations that a large number of Indian nationals were involved in online circulation, downloading, and transmission of CSAM using cloud-based storage. This extensive probe led to the identification of over 50 groups with more than 5,000 offenders, including nationals of around 100 countries. A comparable exercise, named “Operation Carbon”, was likewise conducted by CBI in November 2021.
Issues Related to Child Sexual Abuse
Child sexual abuse has emerged as a multi-layered problem affecting children’s physical safety, mental health, well-being, and behavioral aspects negatively. Technological advancements have amplified the issue, leading to new forms of child abuse like online bullying, harassment, and child pornography. The Protection of Children against Sexual Offences Act 2012 (POCSO Act), enacted by the Government of India, has had limited success in shielding children from sexual abuse due to various reasons.
Shortcomings of POCSO Act
Despite the government’s efforts, the conviction rate under the POCSO act stands only at about 32%, considering an average of the past 5 years, with 90% of cases pending. Judicial delays are a significant concern, as seen in the Kathua Rape case, which took 16 months for the main accused to be convicted; this is despite the POCSO Act stating that the trial and conviction process should be completed within a year. The act also faces challenges related to age-determination, as it primarily focuses on biological age rather than mental age, thereby being unfriendly to the child.
Insight into the Protection of Children from Sexual Offences Act, 2012
The POCSO Act was enacted to safeguard children against sexual offences like assault, harassment, and pornography. Under the Act, a ‘child’ is anyone under eighteen years of age. The act outlines different forms of sexual abuse and deems a sexual assault to be “aggravated” under certain circumstances. The police are cast in the role of child protectors during the investigative process, and cases must be resolved within one year of reporting. The act was amended in August 2019 to stipulate harsher punishments, including death, for sexual crimes against children.
Constitutional Provisions Concerning Child Rights
The Indian Constitution guarantees every child’s right to live with dignity, personal liberty, privacy, equality, non-discrimination, and protection against exploitation. It also ensures the right to free and compulsory elementary education for all children aged 6–14 years. State Policy’s Directive Principles, particularly Article 39(f), mandates the State to provide children with opportunities and facilities for healthy development, protect them against exploitation and abandonment, and uphold their freedom and dignity.
Initiatives Related to Child Protection
To tackle the problems related to child abuse, several initiatives have been put in place. These include the Child Abuse Prevention and Investigation Unit, Beti Bachao Beti Padhao, the Juvenile Justice Act/Care and Protection Act 2000, the Child Marriage Prohibition Act 2006, and the Child Labour Prohibition and Regulation Act 2016.
