Veroli Zhimo
India has a fairly comprehensive policy and legal framework addressing rights and protection for children. The core child protection legislation that provide opportunities to ensure that all children have equal access to quality protection services are enshrined in four main laws: The Juvenile Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition of Child Marriage Act (2006); The Protection of Children from Sexual Offences Act (2012), and The Child Labour (Prohibition and Regulation) Act (1986, amended in 2016).
Over the past few years, notable efforts have been made to set up fast track courts and deal with cybercrime against children and women.
While exact data on violence, abuse and exploitation is not sufficient, but overall the state of Nagaland is becoming increasingly aware of violence against children, especially sexual abuse. Several cases that may have earlier gone unnoticed, are now being reported, indicating that the discourse around child safety is broadening.
Amidst this progress, it is worth noting that there are various provisions of the law that explicitly prohibits disclosure of victim’s identity in any form of media, except when permitted by the special courts established under the act. An example is the violation of Section 23 of the POCSO Act which can attract punishments under the act, regardless of whether such disclosures are made in good faith. Reiterating this position, the Supreme Court also issued a host of directions in 2018 forbidding, among other things, revealing a POCSO victim’s identity on social media.
In the context of Nagaland, more awareness need to be created on these provisions of the law as when cases of such abuse—in any of its heinous forms are reported, social media platforms like Facebook and WhatsApp go into a tizzy with wanton sharing of posts, video clips, condemnation letters, etc., that unlawfully identify the victims.
These actions of irresponsible sharing of their names and, or photos further torment victims of abuse by way of infringing their right to privacy and exposing them to stigmatisation.
Notably, an incident in May 2021 prompted the Dimapur Police to initiate an inquiry “to identify the erring individuals behind the video circulation of one such child victim.” However, no further information about the inquiry was made public.
While it is acknowledged that there are challenges in implementing the laws due to inadequate human resource capacity on the ground and quality prevention and rehabilitation services, it is vital that the police enquiries like the aforementioned are taken in all seriousness.
This would set a precedent which has persuasive authority on all future application of the law.
Along with this, it is a fitting time for law enforcement agencies, Child Welfare Committees and other state or non-state actors that look after the child in need of care and protection, to foster awareness about child abuse laws.
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