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Internet and Vulnerability of Children in Contemporary Society

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Internet and Vulnerability of Children in Contemporary Society Mukt Shabd Journal ISSN NO : 2347-3150 INTERNET AND VULNERABILITY OF CHILDREN IN CONTEMPORARY SOCIETY Jigmee Wangchuk Bhutia Research Scholar (Ph.D.) Department of Law, Sikkim University Abstract In a society, human beings are inevitable and so is conflict. Over the couple of years technology assisted by internet has shaped the manner of conflict and widened the jurisdiction of cyber criminals. Internet has impacted all ages of human, and children are the most affected of them all. Today’s education system demands use of computers, tech-gadgets etc. for smooth and techno-friendly way of study method. But the issue here is, these gadgets are not only used for educational and learning purposes. Children’s are highly influenced by the social networking sites like Facebook and such, where cyber criminals take advantages of their age and dupe them for their immoral and monetary gains. Child trafficking, online harassment, Pornography, identity thefts are some of the crimes to which young age people and children becomes victims and face unimaginable damage. Thus, this paper will highlight the effects of internet on children with special focus on ‘child-trafficking’ and ‘child pornography’. Further this paper will also try to understand the reasons for such uncontrollable nature of the cyber-crimes. Key Words: Cyber-Crimes, Internet, Children 1. INTRODUCTION The invention of computer has invited innumerable amount of danger and risks in human lives, especially in the lives of innocent children. Cyber-Criminals target young children for their immoral gains and satisfaction. Child Trafficking is one such example. Even though our Indian Constitution1 prohibits and abhors child trafficking, It takes place every now and then. Internet is 1Article 23 Constitution of India “Prohibition of traffic in human beings and forced labour. (1) Traffic in human being are beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law Volume IX, Issue VII, JULY/2020 Page No : 2093 Mukt Shabd Journal ISSN NO : 2347-3150 the tool criminals use in this era to achieve their motives. Women and girls are more prone to trafficking because of unbreakable social norms that marginalize their value and status in society.2 The traditional method of crimes has been replaced and made easy with the help of computers. Criminals can target anyone from anywhere at just a click of mouse and escape legal liabilities for the simple reason that technology has given them wings to veil their personal information and features from the one they are duping. The fruit of technology is not only enjoyed by the noble masses but also by the wrong doers in all possible opportunities. The cross-border and universal mobile nature of the internet has supported conducting of cyber-crimes by developing new techniques and on an online environment. To address computer related crimes, Indian Legislature enacted the Information Technology Act, 2000. Under this Act, establishment of Cyber Appellate Tribunal is mentioned under section 48(1) but unfortunately neither this Act nor the Information Technology (Amendment) Act, 2008 defines the term “Cyber-Crime”, “pornography”, “trafficking” and “Identity theft”. However, Section 66 C3 is inserted via 2008 amendment to punish the culprit for identity theft, and Section 674 prescribes punishment for children related offences. Section 66 D5 (2) Nothing in this article shall prevent the state from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 2 Human Trafficking, available at https://en.wikipedia.org/wiki/Human_trafficking (accessed on 31.10.16 at 7:21 PM). 3 Section 66 C Information Technology (Amendment) Act, 2008 “Punishment for Identity Theft”; Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh. 4 Section 67 B Information Technology (Amendment) Act, 2008 “Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form”. Whoever,- (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or (d) facilitates abusing children online or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: Volume IX, Issue VII, JULY/2020 Page No : 2094 Mukt Shabd Journal ISSN NO : 2347-3150 is another important amendment made by the Information Technology (Amendment) Act, 2008 to punish the wrongdoer who commits crime with the help of internet and computer. The legal issue here is there are no comprehensive laws in India to concentrate on these organized cyber- crimes also known as computer related crimes. 2. DEFINITION In legal parlance, a child is the term used to refer minor.6 The term ‘child’ has been defined by couple of Indian laws except the Information Technology (Amendment) Act, 2008, however the term ‘children’ has been used in the explanation part of Section 67 B7 of this Act of 2008 to include children who has not completed 18 years of age. The Immoral Traffic Prevention Act (ITPA) 1956 defines the term child as “a person who has not completed the age of eighteen years”8 and section 2 (d) of the Prevention of Children from Sexual Offences Act, 2012 defines ‘child’ as “any person below the age of eighteen years”. The term ‘child’ also finds its place under Article 1 of the Convention on the Rights of Child.9 The term ‘child trafficking’ has been defined under any law but trafficking Police Officer” has been defined under Section 2 (j)10 of the ITPA Act, 1956. Article 3 (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) 11 , defines “trafficking in persons”. 12 The Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form- (i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bonafide heritage or religious purposes Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years. 5 Section 66 D Information Technology (Amendment) Act, 2008 “Punishment for cheating by personation by using computer resource”; Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh. 6 Tim Zubizarreta, Combating Child Pornography in India (May, 14 2020) available at https://www.jurist.org/commentary/2020/05/milind-rajratnam-combating-child-pornography/ (accessed on 2.7.2020 at 1:34 PM). 7 Supra at Note 4 8 Section 2 (aa) 9 Article 1 of the Convention on the Rights of child, “child” is defined as a human being below the age of 18 years old. 10 Article 2 (j) of The Immoral Traffic Prevention Act (ITPA) 1956 “trafficking police officer” means a police officer appointed by the Central Government under subsection (4) of Section 13. 11 Supplementing United Nations Convention against Transnational Organized Crime (Assembly Resolution 55/25 of 15 November 2000). Volume IX, Issue VII, JULY/2020 Page No : 2095 Mukt Shabd Journal ISSN NO : 2347-3150 Information Technology Act, 2000 under section 2 (1) (i)13 has defined the term ‘computer’ and ‘computer network’ under section 2(1) (j)14. In understanding child related cyber-crimes it is pertinent to understand some key terms like ‘child’ and ‘computer’, because in this 21st century most of the children are victims of crimes which are committed by use of computers. 3. CYBER-CRIMES AND CHILDREN 3.1.Child Trafficking and India Laws: In information society, protection of children’s data and privacy are even more important than that of the adult because children indulge and share their information with lots of trust and little knowledge of the cyber-crimes and their effects.15 The fight against human trafficking is not a straightforward process.16 Our country is troubled with so many social and legal issues with the growth of trafficking of children. Our society from ages has witnessed this crime in person or through news or newspaper.
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