1. Child safety and the law
Lina Acca Mathew,
Assistant Professor,
Government Law College, Ernakulam.

2. Convention on the Rights of the Child, 1989
Article 1- definition of child- person below 18 years
Articles 2, 3, 6 and 12- General Principles
The non-discrimination principle
The best interests principle
The right to life, survival and development
The right to express views and participate in decisions

3. Civil rights and freedoms- articles 7,8,13-17 and 37(a)- right to privacy, freedom of association, freedom of expression, identity, access to appropriate information, not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment like corporal punishment, family environment and alternative care,

4. Basic health and welfare rights- articles 6, 18 (3), 23, 24, 26, 27 (1), (2) and (3)- children with disabilities, health and access to services, adolescent health, harmful traditional practices, prevalence of HIV/AIDS, standard of living adequate to children’s development,
Education, leisure and cultural activities – articles 28, 29 and 31- right to education, rest, leisure, play, recreational and cultural activities

5. Special protection measures- Articles 22, 32-36, 37 (b), (c) , (d), 38, 39 and 40- refugee children
children in armed conflict,
economic exploitation including child labour,
street children,
sexual exploitation and sexual abuse,
sale of children and trafficking,
administration of juvenile justice,
children belonging to a minority or indigenous group

6. What are the various kinds of abuse children encounter?
Physical abuse
Sexual abuse
Emotional abuse
Neglect

7. Ministry of Women and Child Development Report “Study on Child Abuse: India 2007”
It gave a definition to the term child sexual abuse as inappropriate sexual behaviour with a child.
It includes fondling a child's genitals, making the child fondle an adult's genitals, sexual assault (intercourse, incest, rape, sodomy), exhibitionism and pornography.
To be considered child abuse, these acts have to be committed by a person responsible for the care of a child or related to the child (for example a baby-sitter, parent, neighbour, relatives, extended family member, peer, older child, friend, stranger, or a day-care provider).

8. Laws Protection of Children Against Sexual Offences At 2012
Indian Penal Code
Juvenile Justice Act
Information Technology Act

9. The Protection of Children Against Sexual Offences Act, 2012
Defines and Criminalises various sexual offences:
Penetrative Sexual Assault
Aggravated Penetrative Sexual Assault
Sexual Assault
Aggravated Sexual Assault
Sexual Harassment
Using child for Pornographic Purposes
Abetment of and Attempt to Commit an Offence

10. Penetrative Sexual Assault- s. 3
Penetration by penis, or any object or application of mouth into vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person
Punishment- imprisonment from seven years to life +fine

11. Aggravated Penetrative Sexual Assault- s. 5
Position of trust or authority of a child
Police officer, armed forces/security forces, public servant;
management/staff of
jail, remand home, protection home, observation home, other place of custody or care and protection;
hospital (Govt. and private);
Educational institution or religious institution

12. Aggravated Penetrative Sexual Assault-Punishment
Repeated rape
Disabled children
Pregnant child
Child below 12 years
Gang rape
Punishment– rigorous imprisonment for a term not less than ten years to imprisonment for life + fine

13. Sexual Assault-s.7
Whoever, with sexual intent, touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration
Punishment- imprisonment from three years to five years + fine

14. Aggravated Sexual Assault-s.9
Police officer committing penetrative sexual assault; armed forces/security forces; public servant; management/staff of
jail, remand home, protection home, observation home, other place of custody or care and protection;
hospital (Govt. and private);
Educational institution or religious institution
Repeated rape
Disabled children
Pregnant child
Child below 12 years
Gang rape
Punishment– imprisonment for a term not less than five years up to seven years + fine

15. Sexual Harassment-s.11 With sexual intent
- utters any word or makes any sound or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard or such gesture or object or part of body shall be seen by the child
Makes a child exhibit his body/any part
Show any object to a child in any form or media for pornographic purposes
Repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means
Threatens to use in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act
Entices a child for pornographic purposes
Punishment- imprisonment up to three years + fine

16. Using a child for Pornographic Purposes-s.13
Using a child in any form of media for the purposes of sexual gratification, which includes—
Representation of the sexual organs of a child-- Usage of a child engaged in real or simulated sexual acts (with or without penetration)--The indecent or obscene representation of a child
Imprisonment up to 5 years +fine
Subsequent conviction up to 7 years
+ penetrative sexual assault--Not less than ten years to life imprisonment + fine
+aggravated PSA- Imprisonment for life +fine
+sexual assault—not less than 6 years imprisonment up to 8 years + fine
+aggravated sexual assault– not less than 8 years imprisonment up to 10 years + fine

17. Abetment of and Attempt to
Abetment -Punishment as provided for the actual commission of the offence-
Attempt—Imprisonment for a term up to one half of the imprisonment for life or one half of the longest term of imprisonment provided for that offence or with fine or with both

18. Reporting Procedure
Any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to (a) the Special Juvenile Police Unit or (b) the local police.
The Report shall be recorded in writing and ascribed an entry number; be read over to the informant; be entered in a book kept by Police Unit
SJPU/local police to make immediate arrangement to give him such care and protection (admitting child to shelter home or nearest police station) within 24 hours, after recording reasons in writing
Within 24 hours, SJPU/local police report matter to CWC and Special Court or Sessions Court

19. Punishment for failure to Report/Record
Failure to report the commission of an offence or failure to record such offence shall be punished with imprisonment up to six months or with fine or with both-
False complaint/providing false information with intention to humiliate, extort or threaten or defame him—imprisonment up to 6 months or fine or both
Whoever not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimising such child in any of the offences under this Act, shall be punished with imprisonment which may extend to one year or with fine or with both.

20. Procedure for Recording the Statement of a Child by Police –s. 24
Statement shall be recorded at residence of child or place where he usually resides or at a place of his choice and as far as possible by a woman police officer not below rank of sub inspector
Police officer, while recording statement, not to be in uniform
Police officer making investigation, while examining the child, to ensure child does not come into contact with accused
No child to be detained in police station at night
Police officer to ensure that child is protected from public media, unless otherwise directed by the Special Court

21. Procedure for Recording the Statement of a Child by Magistrate- s
Magistrate shall record the statement of the child in the presence of his parents or any person of child’s trust
Assistance of translator or interpreter
In case the child has a mental or physical disability, he may seek the assistance of a special educator or any person familiar with the manner of communication of the child or an expert in that field, having such qualifications, to record the child’s statement

22. procedure for recording statement by Magistrate
Advocate of accused shall not be present while recording the statement of the child
Whenever possible, statement of child shall be recorded by audio-video electronic means

23. Medical Examination
Even though FIR or complaint has not been registered for offences under this Act, medical examination to be conducted
For girl victim, medical examination by woman doctor only
Medical examination to be conducted in presence of parent of the child/other person of child’s trust
In case parent/other person of trust is not present, medical examination to be conducted in the presence of a woman nominated by the head of the institution

24. Special Courts
Identity of child not to be revealed-child’s family, school, relatives, neighbourhood etc Special Court shall permit frequent breaks to the child Child friendly atmosphere to be created by allowing a family member, friend, relative, child’s trust, to be present The Child shall not be repeatedly called to testify in the court No aggressive questioning or character assassination of the child In addition to punishment, the Special Court may direct payment of compensation to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.

25. Special Courts
The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay shall be recorded
The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.

26. Special Courts
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
assistance of translator or interpreter, Assistance of special educator or expert in case of a child of any mental or physical disability
Legal Services Authority to provide lawyer for indigent

27. Integrated Child Protection Scheme
State Child Rights Commission
State Child Protection Unit
District Child Protection Units
Child Welfare Committees
Juvenile Justice Boards
Special Juvenile Police Units

28. Risks faced by young people through mobile phones
Health hazards though exposure to radiation from mobiles
Short attention span
Unauthorized invasion of Privacy and visual surveillance through mobile cameras
Waste of time and money through unnecessary calling and text messaging
Access to pornographic material and viewing right at fingertips Desensitization of youth– creation of a culture which considers what is abnormal as normal
Inability to process instructions from authorities

29. Kerala
Many instances of web defacement are being reported in the cyber cells
Most cyber crimes affecting women being reported are regarding Orkut abuse- defamatory/pornographic material posted on fake Orkut ids bearing the actual name of the woman
Various instances of sexual abuse of school girls being filmed on mobile camera have been reported
Ministry of Women and Child Development:Study on Child Abuse:India 2007
86.7% of boys in Kerala are being exposed to dirty pictures among the states of India, followed by boys in Goa (80.43%)
Among children being photographed in the nude, children in the category of ages in Kerala reported the second highest of 51.61%, topped by Mizoram (57.14%)
On a total, 48.95% of boys in Kerala face various forms of sexual abuse, in comparison with 40.25% of girls in Kerala. This dispels the popular myth that it is only girls who are vulnerable to sexual abuse.
Kerala has the highest percentage of boys being exposed to pornographic material.

30. Law and its agencies Laws:
The Information Technology Act 2000 – punishments for tampering with computer source code documents, hacking and pornography.
Indian Penal Code, 1860– cheating, nuisance, mischief, outraging the modesty of woman, defamation etc
The Information Technology Act 2008 has been assented by the President but awaits entry into force.
Enforcement Agencies: The police, Cyber cells, CERT-In – looks into cyber security– blocking
Jurisdictional problems– Transnational nature of Cyber crime
Balaji case

31. Know ur mobile phone
Ur service providers– those who provide you with the cell phone service– Airtell, Vodafone, BSNL, Idea, Reliance etc
Ur cell phone identity number– a unique number for each cell phone– called IMEI number– International Mobile Equipment Identity– just type *#06# and u’ll get your 15 digit serial number. Write it down and keep it safe. In case of theft of ur mobile, u can give it to the police.

32. Safety tips Turn Bluetooth off if not in use.
Do not take photographs of anyone without their permission.
If u see someone taking your photograph, react strongly. Even if the file is deleted, remember that it can be restored.
Do not hesitate to give a complaint to the cyber cell and start legal proceedings

33. Safety tips Turn Bluetooth off if not in use.
Do not take photographs of anyone without their permission.
If u see someone taking your photograph, react strongly. Even if the file is deleted, remember that it can be restored.
Do not hesitate to give a complaint to the cyber cell and start legal proceedings

34. Safety tips
Do not open up s, files or web pages you get from people you do not know or do not trust. Do not click on suspicious –looking URLs
Do not give out your passwords to anyone
Install a good antivirus software and regularly update it
Install anti-spyware and use spam filters
Delete cookies

35. Safety tips
Be cautious about giving out information about yourself like your name, phone number, address and college address
Never send a picture of yourself to strangers
Be suspicious of those who want to know too much and Be careful of meeting your internet buddies in real life.

36. Safety tips
Read carefully the privacy policies and terms and conditions of social networking sites before you join them– check whether they intend to sell or share your information
Lock out your profile from strangers using the site’s features
Use strong passwords – combinations of letters, numbers and symbols

37. Safety tips
In the internet cafe disable the option ‘remember my id on this computer’
Ensure the safety of your photos, videos and contacts in your computer and mobile.
Do not fall victim to frauds: Nigerian 419 frauds, lottery scam frauds, International Conference frauds

38. Safety tips
Do not give out any personal information regarding your savings, checking, credit or other financial accounts.
When purchasing online, buy from reputed dealers . Try to obtain a physical address rather than merely a post office box.
Call the seller to see if the phone number provided is working.
Send them an to see if they have an active address. Do not purchase from those who do not provide u with this type of information.

39. Safety tips
Check your bank account and credit card statements regularly
Carefully destroy papers you discard, especially those with sensitive or identifying information—dumpster diving
Be careful of telephone solicitors.

40. Safety tips Use a gender neutral name/e-mail address.
Do not give your primary address to those who you do not know or trust.
If it looks too good to be true– it is

41. Kochi Cyber cell-
Ernakulam Rural Cyber police station-
Women’s Cell, Kochi

42. Crime Stopper Cell- 1090
Women’s helpline- 1091
Childline- 1098
Highway Helpline Numbers of Kerala Police   
Railway Helpline Numbers of Kerala Police