The PHRA defines human rights as rights related to life, liberty, equality, and dignity guaranteed by the Constitution or international covenants, enforceable by Indian courts. Arun Kumar Mishra, a former Supreme Court judge, chairs the NHRC. He is a former Chief Justice of the Calcutta and Rajasthan high courts. He was also a judge in the Madhya Pradesh High Court. In this conversation with Rajiv Tikoo, Justice Mishra talks about the status of the LGBTQIA+ community, the road traversed so far, what lies ahead and much more. Edited excerpts:
What prompted NHRC to issue an advisory on Child Sexual Abuse Material (CSAM) on social media?
CSAM on social media is a new menace transcending boundaries that needs to be stopped to protect childhood and child rights, which is our primary duty. Trafficking and sexual abuse of children are the worst forms of crime. Children are being exposed to the production, distribution, or consumption of CSAM; it can have a long-term psychological/mental impact on the child, causing hindrance to their overall development. We must prevent and curtail production and its distribution and reduce consumption. Prevention is the best approach. Misuse of cyberspace and more responsible conduct of ISP/intermediaries was felt necessary; hence, an advisory was issued.
What are the legal gaps in laws concerning CSAM?
By and large, an extensive legal regime is in place. However, the term “Child Pornography” is outdated and does not encompass all forms of child sexual exploitation. It would be appropriate to adopt the term “Child Sexual Abuse Material” (CSAM) in Section 2(1) (da) of the POCSO Act, 2012. Additionally, the lack of a clear definition for “sexually explicit” under Section 67B of the IT Act, 2000, hinders the prompt identification and removal of online CSAM. This also delays legal processes.
هذه القصة مأخوذة من طبعة June 12, 2024 من Outlook.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك ? تسجيل الدخول
هذه القصة مأخوذة من طبعة June 12, 2024 من Outlook.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك? تسجيل الدخول
Lost In The Rat Race
The NEET exam is mired in multiple controversies. Will this medical entrance exam fiasco discourage future aspirants?
The Rise Of 'Ravan'
Chandrashekhar Azad ‘Ravan’, ‘The son of Saharanpur’, is raring to bring a new brand of Dalit-Bahujan politics to Parliament
Unquiet Flows The Tawi
The recent attack on a bus carrying pilgrims in Reasi district spotlights Jammu’s increased vulnerability to militancy
Rebel With a Cause
Congress rebel candidate Vishal Patil fights as an independent, defeats the BJP candidate and sitting MP by over one lakh votes and rejoins the Congress
Winds of Change
Ethnic questions and local dynamics make the Bharatiya Janata Party lose ground in the Northeast
The Giant Killer
The election campaign of Geniben Thakor, the lone Congress MP from Gujarat, was as impressive as her victory
Chak De Change
There is a new churning in Punjab politics and the Bharatiya Janata Party is diving in with an eye on the 2027 assembly election
Minority Mantra
The elevation of George Kurian, long serving Party functionary, to the Union cabinet is part of the Bharatiya Janata Party’s ongoing “Christian project” in Kerala
Art of the Possible
Youngest Dalit MP Shambhavi Choudhary plans to focus on connectivity to schools, colleges and hospitals, women and jobs
Red Revival
On his way to the hallowed chamber of Parliament, OBC leader Sudama Prasad defeated a BJP stalwart in Arrah and ensured CPI-ML’s entry into Parliament after more than three decades