View of AN ANALYSIS ON CYBER PEDOPHILIA

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Available Online: www.ajeee.co.in Vol.03, Issue 01, January 2018, ISSN -2456-1037 (INTERNATIONAL JOURNAL) UGC APPROVED NO. 48767

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AN ANALYSIS ON CYBER PEDOPHILIA

PROF. (DR.) R.K.PATNI AND MS. PUJA PAUL

Abstract- From standard third onwards children are exposed to world of computer. A world which is so deep inside that even elders, including experts are striving hard to unveil the depth. The world of fiction and fantasy is a great attraction for these young visitors. They are unknown about the rules and regulations of this world. They think that they are visiting a new world, but they are not aware of the fact that everyone else also can easily visit them.

This unknown drive of children gives chances to cyber pedophiles to enter their life and ruin it. This brings a big responsibility on the shoulders of parents, school and state to protect children. Till now there is no specific law for such online pedophiles except some protection in POSCO Act and certain sections in Information Technology Act. This paper is an attempt to discuss and find out ways by which children may be protected on internet against cyber pedophiles.

INTRODUCTION

Paraphilias are psychosexual disorders defined by American Psychiatric Association, 2000 as recurrent, intense, sexually arousing fantasies, urges, or behaviors that generally involve (1) nonhuman objects, (2) the suffering or humiliation of oneself or one‘s partner, or (3) children or other non consenting persons, and that occur over a period of at least 6 months. Kenneth V. Lanning said in his paper titled: ―Cyber

―Pedophiles:‖ A Behavioral Perspective‖, that Paraphilias are psychosexual disorders and not types of sex crimes.

Individuals suffering from one or more of these paraphilias can just engage in fantasy and feel pleasure, they can act out their fantasies legally (e.g., consenting adult partners, objects), or they can act out their fantasies illegally (e.g.,nonconsenting partners, underage partners). It is their choice. Although any of the paraphilias could become elements of a computer child sexual exploitation case. The presence of these pedophiles brings a big responsibility on the shoulders of parents, school and state to protect children while they are on net. Till now there is no specific law for such online pedophiles except some protection in POSCO (Protection of Children from sexual offences Act, 2012) and certain sections in Information Technology Act, like Section 67B of the amended Indian Information Technology Act that seeks to protect children. The law penalizes any and every person who facilitates the abuse of children online, under Section 67B (d) of the amended Indian Information Technology Act, 2000. The law specifically targets those individuals who cultivate, entice or induce children to

online relationship, with one or more children, for or on sexually explicit acts.

The said act is a specific cybercrime under Section 67B(c) of the amended Indian Information Technology Act. This paper is an attempt to discuss and find out ways by which children may be protected on internet against cyber pedophiles. This paper would be focusing upon the third category i.e. – Pedophiles.

AREA OF STUDY

The entire study is based on certain identified questions, which are as following -

1. Is cyber pedophile a crime as it defined as mental disorder?

2. Are the present legal provisions sufficient enough to deal with cyber pedophiles?

3. Do Internet service providers, schools, parents and state have any defined role for combating cyber pedophiles?

The methodology opted for solving the above mentioned questions is doctrinal, therefore study will be conducted through secondary source of data. The method that is adopted by many cyber offenders is generally based on some modus operandi which enhances with change of time, but sometimes becomes a part of sex ritual i.e. a series of actions done in order to fulfill the sexual desire.

Understanding the ritual that they follow become the key to trace them as it is identified that they tend to enhance but do not achieve perfection as they commit a lot of mistakes.

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2 PEDOPHILES AND RESEMBLING CRIMES

When we try to see the difference between the Cyber pedophiles and other similar crimes, then the reference is given to POSCO (Protection of Children from sexual offences Act, 2012) and some sections of Information Technology Act, 2008 which are discussed below-

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

Was made to protect children below the age of eighteen years of age against sexual abuse, sexual harassment, pornography etc. This Act makes it the legal duty of a person who has knowledge that a child has been sexually abused to report the offence; if he/she fails to do so, he/she may be punished with six months' imprisonment and/or a fine. Act also provides that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence. The act gives and prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life with fine. Even if anyone stores pornography relating to child then he may be punished for a term which may extend to three years and fine both.

SECTION 67B OF INFORMATION TECHNOLOGY ACT - 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 c. or 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.

EXPLANATION

For the purposes of this section,

"children" means a person who has not completed the age of 18 years. Inserted vide Information Technology Amendment Act, 2008] In a latest case reported in leading newspaper The Hindu on May 26, 2017, a terrifying case come up where a child falling prey to an online predator on social media, a 13-year-old boy from a city school was allegedly lured into taking videos and photographs of his parents in the nude. He then sent to his Facebook

‗friend‘, who used the footage to blackmail the boy and his parents. The accused, whose identity and gender the police are still trying to ascertain, allegedly contacted the parents demanding 1 crore from them if they didn‘t want the photos and videos to be uploaded online. The police suspect it is a case of a predator carefully building a relationship with a vulnerable boy over months. In June 2016, he befriended an individual, who went by the name of Thejal Patel, on Facebook. Without the knowledge of his parents, the boy chatted with Patel — who claims to be 21 years old on the now defunct account via Facebook Messenger, a police officer said. This went on for months and, by April 2017, the accused had gained the boy‘s trust. ―He was able to convince the boy to take revealing photos and videos of not only his parents, but also himself and send it via Messenger. We suspect that Patel was able to get the details of the boy‘s parents, such as their professions and contact numbers,‖ said a police source. Prior to this in the case of Janhit Manch & Ors. v.

The Union of India 10.03.2010 Public Interest Litigation, The petition sought a blanket ban on pornographic websites.

The NGO had argued that websites

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3 displaying sexually explicit content had an adverse influence, leading youth on a delinquent path.

CONCLUSION –

As we seen above the laws are sufficient enough to punish such people but major responsibilities lies on the shoulders of parents and school to protect the children against cyber pedophiles.

 Google gives warning - To report child abuse content in India, one should immediately contact Childline. Childline's 1098 is 24x7 national emergency helpline for children in distress, needing care and protection, and is supported by the Ministry for Women and Child Development, Government of India. You can dial 1098 from any phone service anywhere in India or email details to [email protected]

 Always use software which have the facility of parental control, so that you can decide what your children should see and what not.

 Place the personal computer in a place at home where older people at home may always peep as to what a new born netizen is doing on net.

 Teach your children not to download anything and everything on net, as the cyber pedophiles always target children from these loop ways.

 Always set limits for usage of computers for children as late night usage may highlight the child before these predators.

 Last but not the least always talk to your children as to what they do on net, so that they may not hesitate talking to you something unnatural with them.

REFERENCES

1. Dean-Law and Governance- Jayoti Vidyapith Womens University, Jaipur.

2. Ph.D. Scholar- Jayoti Vidyapeeth Womens University, Jaipur.

3. http://www.thehindu.com/news/

national/karnataka/bengaluru-teen- trapped-by-online-predator/article