Question : Child Pornography

(a) Whether there has been a rise in the prevalence of child pornography material during the COVID-19 pandemic and if so, the reaction of the Government thereto;
(b) Whether unrelated to the pandemic, India has been witnessing a rise in the convictions for child pornography in the past two years and if so, the details thereof;
(c) Whether the Government has initiated any awareness campaign to fight this scourge and spread information about its dissemination and if so, the details thereof;
(d) Whether his Ministry has taken any steps to combat the spread of information on the ‘dark web’ and curb its use and if so, the details thereof;
(e) Whether the Government has identified any platforms that are used for the dissemination of child pornography and introduced any restrictions on the same; and
(f) if so, the details thereof?

Answer given by the minister


(a) & (b) As per the data provided by National Crime Records Bureau (NCRB), the State/UT-wise Cases Registered(CR), Cases Charge sheeted(CCS), Cases Convicted(CON), Cases in which Trials Completed (CTC), Conviction Rate (CVR), Persons Arrested(PAR), Persons Charge sheeted(PCS) and Persons Convicted(PCV) under Cyber Pornography/Hosting or Publishing Obscene Sexual Materials depicting children under Cyber Crimes against Children during 2018-2020 is at Annexure.

(c) Government has taken the following steps to tackle crime against children:

(i) Section 67B of the Information Technology (IT) Act, 2000 provides stringent punishment for publishing, transmitting or viewing Child sexual abuse material online.

(ii) The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 empower the users of Intermediaries and makes the social media platforms accountable for their safety. The Rules require the intermediaries to adopt a robust grievance redressal mechanism including time-bound disposal of grievances. The Intermediaries need to convey their terms and conditions which must include communication to users not to host, display, upload, modify, publish, transmit, update or share any information that is inter alia harmful, defamatory, obscene, invasive of another’s privacy, harm minors in any way or are otherwise unlawful. Intermediaries are also expected to remove any information violative of any law in India as and when brought to their knowledge either through a court order or through a notice by an appropriate government or its authorised agency. The Rules also require Significant Social media Intermediary (SSMI) to endeavour to deploy technology based measures to proactively identify child sexual abuse material.

(iii) Government periodically blocks the websites containing extreme child sexual abuse material (CSAM) based on INTERPOL’s “worst of list” received through Central Bureau of Investigation (CBI), the national nodal agency for Interpol in India.

(iv) Government has issued an order to concerned Internet Service Providers (ISPs) ordering them to implement Internet Watch Foundation (IWF), UK or Project Arachnid, Canada list of CSAM websites/webpages on a dynamic basis and block access to such child pornography webpages/websites.

(v) MeitY through a program, namely, Information Security Education & Awareness (ISEA), has been creating awareness among users including women and children highlighting the importance of digital safety while using Internet. A dedicated website for information security awareness (https://www.infosecawareness.in) provides relevant awareness material.

(vi) The National Commission for Protection of Child (NCPCR) has developed information, education and communication (IEC) material to support the Centre and State Government for dissemination of information and awareness on POCSO Act 2012. It is also available on the website of NCPCR. Since March, 2020, NCPCR has organized different online programs of awareness generation on various aspects of Child sexual abuse and POCSO Act through consultations, webinars, etc.

(d) to (f) The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to Protect the Children from Offences of Sexual Assault, Sexual harassment and pornography with due regard for safeguarding the interest and well being of children. The POCSO) Act was amended in 2019 to include the definition of child pornography under Section 2(da). Further, Section 14 of the Act provides for strict punishment for using child for pornographic purposes and Section 15 prescribes punishment for storing or possessing of pornographic material involving child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting or for use as evidence in the Court.

Further, The Information Technology Act, 2000 also provides a legal framework for addressing all types of prevailing cyber crimes as reported in the country

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Annexure

THE STATEMENT REFERRED TO IN REPLY TO PART (A) to (B) OF LOK SABHA UNSTARRED QUESTION NO. 2300 regarding “Child Pornography” BY DR. SHASHI THAROOR TO BE ANSWERED ON 10.12.2021

State/UT-wise Cases Registered(CR), Cases Chargesheeted(CCS), Cases Convicted(CON), Cases in which Trials Completed (CTC), Conviction Rate (CVR), Persons Arrested(PAR), Persons Chargesheeted(PCS) and Persons Convicted(PCV) under Cyber Pornography/Hosting or Publishing Obscene Sexual Materials depicting children under Cyber Crimes against Children during 2018-2020
SL State/UT 2018 2019 2020
CR CCS CON CTC CVR PAR PCS PCV CR CCS CON CTC CVR PAR PCS PCV CR CCS CON CTC CVR PAR PCS PCV
1 Andhra Pradesh 0 0 0 0 - 0 0 0 2 1 0 0 - 2 1 0 15 0 0 0 - 2 0 0
2 Arunachal Pradesh 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
3 Assam 1 0 0 0 - 1 0 0 6 2 0 0 - 5 3 0 21 6 0 0 - 6 10 0
4 Bihar 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0
5 Chhattisgarh 0 0 0 0 - 0 0 0 3 3 0 0 - 2 3 0 3 3 0 0 - 5 5 0
6 Goa 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
7 Gujarat 0 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0 1 1 0 0 - 4 4 0
8 Haryana 0 0 0 0 - 0 0 0 3 1 0 0 - 5 3 0 16 8 0 0 - 11 10 0
9 Himachal Pradesh 1 0 0 0 - 0 0 0 8 1 0 0 - 1 1 0 17 5 0 0 - 9 6 0
10 Jharkhand 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
11 Karnataka 2 0 0 0 - 2 0 0 2 1 0 0 - 3 1 0 122 10 0 0 - 31 10 0
12 Kerala 18 8 1 1 100.0 14 8 1 27 9 0 0 - 22 14 0 101 26 0 0 - 103 27 0
13 Madhya Pradesh 1 1 0 0 - 1 1 0 8 9 0 0 - 13 10 0 20 14 0 0 - 17 21 0
14 Maharashtra 0 0 0 0 - 0 0 0 6 4 0 0 - 3 4 0 123 31 0 0 - 56 38 0
15 Manipur 0 0 0 0 - 0 0 0 1 0 0 0 - 1 0 0 3 0 0 0 - 0 0 0
16 Meghalaya 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
17 Mizoram 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
18 Nagaland 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
19 Odisha 7 7 0 0 - 7 7 0 2 0 0 0 - 0 0 0 71 46 0 0 - 77 77 0
20 Punjab 0 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0 8 8 0 0 - 8 8 0
21 Rajasthan 0 0 0 0 - 0 0 0 3 3 1 1 100.0 8 8 3 6 4 0 0 - 9 9 0
22 Sikkim 1 1 0 0 - 1 1 0 0 0 0 0 - 0 0 0 0 0 0 1 0.0 0 0 0
23 Tamil Nadu 1 0 0 0 - 0 0 0 3 1 0 0 - 2 1 0 28 5 0 0 - 11 5 0
24 Telangana 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 7 0 0 0 - 7 0 0
25 Tripura 1 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
26 Uttar Pradesh 8 4 0 0 - 8 7 0 25 23 1 1 100.0 37 37 1 161 99 0 0 - 12 147 0
27 Uttarakhand 1 1 0 0 - 2 2 0 0 0 0 0 - 0 0 0 11 4 0 0 - 4 4 0
28 West Bengal 0 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
TOTAL STATE(S) 42 22 1 1 100.0 36 26 1 102 58 2 2 100.0 104 86 4 735 270 0 1 0.0 372 381 0
29 A&N Islands 1 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 1 2 0 0 - 0 2 0
30 Chandigarh 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0
31 D&N Haveli and Daman & Diu+ 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
32 Delhi 1 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0
33 Jammu & Kashmir* 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
34 Ladakh - - - - - - - - - - - - - - - - 0 0 0 0 - 0 0 0
35 Lakshadweep 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
36 Puducherry 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0 0 0 0 0 - 0 0 0
TOTAL UT(S) 2 0 0 0 - 0 0 0 1 0 0 0 - 0 0 0 3 2 0 0 - 0 2 0
TOTAL (ALL INDIA) 44 22 1 1 100.0 36 26 1 103 58 2 2 100.0 104 86 4 738 272 0 1 0.0 372 383 0

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