The State Commission for Protection of Child Rights, which has suo motu initiated proceedings based on a news report about a Facebook page that promoted paedophile activities, has stated that though child pornography is a serious crime, there is no effective system in place in the State to investigate the crime and book the culprits.
The commission, which had issued a notice to the State Hi-tech Crime Enquiry Cell, said that it was told that the cell did not have the power to register crime and conduct investigation, and that since the alleged page was already removed, no further investigation was done. The commission noted that the present procedure of handling issues such as child pornography or any other child-related Internet offences needed to be reviewed urgently. The agency which conducts the full-fledged investigation should be able to receive complaints from the public, especially of child pornography and child-related Web offences as in any other crime investigation, which was not happening now, it said.
No effective mechanism
The commission pointed out that there was no regular or effective mechanism in the State to scan and locate child pornography websites, as is being done by the Special Branch CID of the police and the Police Intelligence wing for content that are against the State or against chief functionaries of the State. It noted that provisions of the Information Technology (Guidelines for Cyber Cafe) Rules, 2011, were yet to be effectively implemented in the State.
Accordingly, the commission has recommended that the State Police Chief modify an earlier directive and make it possible for the Cybercrime police station (CCPS) to receive complaints on child pornography and related offences from the public. Local police stations are to immediately forward such complaints to the CCPS for registration of crime and investigation. It also called for undercover cyber patrol operations by the CCPS to identify those engaged in transmitting child pornography.
The CCPS was also to constantly scan child pornographic websites and social sites such as Facebook for child pornography content.
The commission has also asked the SPC to register a crime and investigate the Facebook page mentioned in the news report and for the SPC and the Additional Chief Secretary (Home) to file an Action Taken Report within 45 days.