By Avanti Deshpande
Introduction
With the onset of the COVID-19 pandemic, the use of the internet, online services, and social media sites has increased substantially, not only among adults but among children as well. The pandemic contributed heavily to the significant rise in child sexual exploitation and abuse. While the adoption of internet and digital services has grown exponentially, the knowledge about the risks of being online and literacy regarding online safety has unfortunately not. One such issue which has not received adequate attention in India is that of online grooming of children, which can be described as predatory conduct used to gain trust and prepare the child for sexual activity at a later time, with the ultimate objective being, the sexual exploitation of the child. This essay will analyse the existing legal framework vis-à-vis online grooming of children in India, the laws enacted in various other jurisdictions and the legislative and policy changes that can be undertaken to combat this grave offence.
Understanding Online ‘Grooming’ of Children
The Terminology Guidelines for the Protection of Children from Sexual Exploitation released by the Interagency Working Group on Sexual Exploitation of Children (“Terminology Guidelines”) in Luxembourg in 2016, defined grooming as “the process of establishing/building a relationship with a child, either in person or through the use of the Internet or other digital technologies, to facilitate either online or offline sexual contact with that person”. The National Commission for Protection of Child Rights (NCPCR) in India describes online grooming of children as the building of an emotional connection with a child to gain their trust for the purposes of sexual abuse or exploitation.
Grooming occurs when an individual builds trust, emotional connection and a relationship, with a child or young person with the intention to manipulate, exploit and abuse them. The grooming of a child represents the initial actions taken by an offender to “socialise” or “prepare” the child for a sexual relationship and is a process that may take place online, offline, or a combination of both. Grooming often involves an adult befriending a child, sometimes by pretending to be another young person, drawing the child into discussing intimate matters, gradually exposing the child to sexually explicit materials. The groomer may lure the child into producing child pornography by sending compromising personal photos using a digital camera, webcam or phone-cam, which further provides the groomer with a means of controlling the child through threats. Further, where grooming eventually leads to a physical meeting between the groomer and the child, the child may be sexually abused or otherwise harmed.
Potentially, any child is at risk of being groomed, irrespective of their sex or gender. The consequences of grooming are felt on all aspects of a child’s life, including their relationship with themselves, their relationship with their family and friends, relationships in school, and their relationship with internet usage. Grooming can have both short and long-term effects, such as anxiety, depression, post-traumatic stress, self-harm, eating disorders, suicidal ideation, sexually transmitted infections, substance abuse or alcohol problems, difficulty in coping with stress, problems in relationships with family, friends and partners to name a few.
As online grooming constitutes a serious threat to the safety and well-being of children, especially in today’s digital world, it is relevant to consider the existing legal framework regarding the issue.
Current Legal Famework
Domestic Law
At present, there are no explicit provisions in any law which recognise and prohibit the online grooming of children. In India, the principal legislation for the protection of children against online grooming is the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). The Indian Penal Code, 1860 (IPC) and the Information Technology Act, 2000 (“IT Act”) are used as other supplementary laws depending on the nature of the case.
Section 11 of the POCSO Act pertains to the sexual harassment of children, which includes any of the following acts done with a sexual intent-communication with the child, showing a part of the body to the child, making the child exhibit their body, showing any media for pornographic purpose, stalking the child, threatening to use a real or fabricated depiction of the child or enticing the child for a pornographic purpose. Sub-clause (iv) of section 11 stipulates that repeatedly or constantly following or watching, or contacting a child either directly or through electronic, digital, or any other means constitutes sexual harassment, which may be applied to instances concerning online grooming of children.
Further, section 67B of the IT Act provides for the punishment for publishing or transmitting material depicting children in a sexually explicit act in electronic form and provides for imprisonment for a period of five years with a fine for a first conviction and imprisonment extendable up to seven years along with a fine for subsequent convictions. This provision does not look into either ‘facilitation of online abuse’ or the ingredients that constitute it. This results in a lack of clarity with regards to acts of grooming that could potentially be covered under the section. Furthermore, sub-clause (c) of section 67B only provides for the punishment for whoever cultivates, entices or induces one or more children into an online relationship for a sexually explicit act, or cultivates, entices or induces one or more children into an online relationship in a manner that may offend a reasonable adult on the computer resource. Thus, while not expressly providing the term ‘grooming’, section 67B does make it illegal to induce children into online relationships for sexually explicit acts.
Furthermore, section 366A of the IPC prohibits any act towards inducing a minor girl to go from any place or to do any act with the intention that the girl will be forced or seduced to have illicit intercourse with another person. However, as this section excludes minor boys entirely, it is not comprehensive in nature. Presently, a groomer can potentially be charged under various laws and provisions mentioned above, however, as Indian law does not explicitly recognise grooming as a criminal offence, establishing the criminality of grooming may prove to be difficult.
In February 2019, Union Minister Mr. Rajeev Chandrashekhar asked a question in the Upper House of Parliament, the Rajya Sabha, regarding bringing child grooming under the POCSO Act. The question was whether the Government would review and bring amendments to the POCSO Act to include the phenomenon of “Child Grooming” and make it punishable, and the details thereof. The response of the Ministry of Women and Child Development at the time had been that there was no such proposal under consideration and that the POCSO Act contained effective provisions to curb the menace of child abuse.
Thus, while Indian law does provide for protection against online exploitation of children in some manner, there is no express provision which criminalises online grooming of children, and while certain attempts have been made to question and change the law, they have been unsuccessful so far.
International Law
The issue of online grooming of children has been addressed at the international level in many ways as well, for instance, the Economic and Social Council (ECOSOC) Resolution 2011/33 on Prevention, Protection and International Cooperation against the Use of New Information Technologies to Abuse and/or Exploit Children[28] (“Resolution”) which stressed that new information and communications technologies and applications were being misused. Further, the Resolution emphasised that technical developments had permitted the appearance of crimes such as the production, distribution or possession of child sexual abuse images, audio or video, the exposure of children to harmful content, the grooming, harassment and sexual abuse of children and cyberbullying.
While the Convention on the Rights of the Child (CRC) is the primary international legal instrument pertaining to child rights, it unfortunately, does not explicitly refer to the grooming of children, whether done physically or online. However, the CRC Committee in 2011 in General Comment No. 13 while discussing violence against children through information and communications technologies, mentioned that children in contact with others through ICT, may be bullied, harassed or stalked (child “luring”) and/or coerced, tricked or persuaded into meeting strangers off-line, being “groomed” for involvement in sexual activities.
The only international legal instrument that specifically addresses and defines online grooming is the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the “Convention”), also known as the Lanzarote Convention. Article 23 of the Convention provides for the offence of grooming as “Solicitation of children for sexual purposes” and requires each party to criminalise the intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the age below which it is prohibited to engage in sexual activities with a child for the purposes of engaging in sexual activities or producing child pornography and where this proposal has been followed by material acts leading to such a meeting.
Other than the Convention, the only other regional instrument that includes online grooming is the EU Directive on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography, which under Article 6(1) criminalises the solicitation of children for sexual purposes.
Other Jurisdictions
In order to form holistic legislative responses that will comprehensively tackle the issue of child grooming, it may be helpful to consider the laws enacted by other jurisdictions on the subject. The laws of a few countries with respect to grooming, including online grooming of children, are highlighted subsequently.
In the UK, under section 14 of the Sexual Offences Act, 2003 , arranging or facilitating a meeting with a child under the age of 16 years, for oneself or someone else, with the intent of sexually abusing the child is an offence and upon conviction, carries a punishment of imprisonment up to 14 years.
Under US federal law, Title 18, section 2422 (coercion and enticement) of the United States Criminal Code , criminalises the use of mail, interstate or foreign commerce to knowingly persuade, induce, entice, or coerce any individual under the age of 18 years to engage in prostitution or any sexual activity.
In Australia, section 474.27 of the Criminal Code Act, 1995 (Using a carriage service to “groom” persons under 16 years of age) provides for the use of a carriage to communicate with the intention of making it easier to procure the child to engage in sexual activity with the sender, a participant, or another person. Further, section 272.15 (“Grooming” child to engage in sexual activity outside Australia) provides for the criminalisation of establishing communication with a child with the intention of engaging in sexual activity even if it is impossible for the sexual activity to take place and prescribes 12 years of imprisonment for the same. Additionally, section 272.15A further provides for instances where the offender engages in conduct in relation to a third party and the offender does so with the intention of making it easier to procure a person such as a child, to engage in sexual activity (whether or not with the offender) outside Australia; and the child is someone who is under the age of 16 or whom the defendant believes to be under 16 years of age.
Under South African law, section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 contains an express provision on sexual grooming and criminalises the use of any means with the intention of facilitating the commission of a sexual act with a child. Under the law, sexual acts have been considered in a broad sense, including the performance of a sexual act by the child while the offender is watching, exposing the child to pornography, or exposing parts of his or her body in a manner that violates the child’s sexual integrity or dignity.
The laws of these countries provide an illustrative basis for India to mould its own laws on online child grooming. The introduction of a clear and express provision prohibiting online grooming of children will assist police authorities and courts alike in protecting young children in online spaces.
Suggested Legislative Changes and Other Solutions
The Report of the Adhoc Committee of the Rajya Sabha to Study the Alarming Issue of Pornography on Social Media and its Effect on Children and Society as a Whole (“Report”), presented in January 2020, recommended the inclusion of an explicit new provision on ‘cyber-grooming’ in the POCSO Act to tackle the problem of grooming. The Report recommended the introduction of the new provision under Section 11 (which provides for sexual harassment) after clause (vi), which reads as,
(vii) knowingly persuades, coerces, entices, grooms, communicates, arranges a meeting with a child for oneself or another person and/or meets with a child with the intent of sexually abusing the child, and even if the actor thinks he/she is communicating with a child but is actually talking to an adult.[45]
The Report further recommended that the definition of cyber-grooming be included in the POCSO Act as well for specificity and referred to the definition given in the Terminology Guidelines and recommended the adoption of this definition to ensure that Indian law’s understanding of ‘grooming’ was in line with international standards.
Along with appropriate legislative intervention to make online grooming an express criminal offence, it is necessary to give due attention to other important factors such as educating children, parents, teachers, police, and other relevant stakeholders on the risks of being online and focusing on bolstering digital literacy among the general public. It is crucial to sensitise teachers, police authorities/law enforcement, and healthcare/medical professionals who may often be the first points of contact for the victim. Properly trained personnel throughout the investigation and prosecution of online child sexual abuse offences and related court procedures are crucial in order to deliver child-friendly justice.
There ought to be an emphasis on awareness and empowerment campaigns regarding the safe use of the internet, along with an increased focus on digital literacy and imparting information that teaches children, parents and other relevant stakeholders to recognise signs of online grooming. Including such information, a part of the school curriculum for children.
Conclusion
Online grooming of children is a serious problem that requires the attention of legislators and the general public alike. To effectively tackle this issue, adopting the Rajya Sabha Committee Report’s recommendation to amend the law to include online grooming as an express provision supported by digital literacy, education of children and other stakeholders about online grooming is required to ensure that children are able to negotiate the online world safely. Further, apart from the appropriate legislative intervention, supporting policies such as gender sensitivity training of teachers and police authorities and awareness campaigns on recognising the online grooming of children ought to be prioritised.
The author, Avanti Deshpande, is an undergraduate law student at ILS Law College, Pune.
Ramya Kannan, COVID-19 pandemic fuelled rise in child sexual abuse online: report, The Hindu, Oct. 21, 2021, , last seen on: 20/05/2022.
Child Sexual Exploitation and Grooming, Guidance for school staff on how to spot the signs of sexual exploitation and how to respond, Victoria State Government, Australia, , last seen on: 20/05/2022.
Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse Adopted by the Interagency Working Group in Luxembourg, Jan. 28, 2016, June, 2016, , last seen on: 20/05/2022.
Being Safe Online, Guideline for raising awareness among children, parents, educators and general public, National Commission for Protection of Child Rights (NCPCR), Dec. 2017, , last seen on: 20/05/2022.
National Society for the Prevention of Cruelty to Children (NSPCC), United Kingdom, Grooming, , last seen on: 20/05/2022.
Protecting Children from Cybercrime Legislative Responses in Asia to Fight Child Pornography, Online Grooming, and Cyberbullying, A joint report of the World Bank and the International Centre for Missing & Exploited Children, 2015, last seen on: 20/05/2022.
Explanatory Report to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Council of Europe Treaty Series – No. 201, , last seen on 20/05/2022.
Ibid.
Supra note 7, at 23.
Supra note 5, Who’s at risk.
H.C. Whittle, C. Hamilton-Giachritsis, A.R. Beech, Victims’ Voices: The Impact of Online Grooming and Sexual Abuse, 1(2) Universal Journal of Psychology 59, 62-63 (2013) available at , last seen on 01/06/2022.
Supra note 5, Effects of grooming.
Shruthi Ramakrishnan, Online Grooming of Children – Legal Framework, Live Law, Sept. 12, 2021, , last seen on: 20/05/2022.
The Protection of Children from Sexual Offences Act, 2012.
The Indian Penal Code, 1860.
The Information Technology Act, 2000.
S. 11, The Protection of Children from Sexual Offences Act, 2012.
Ibid.
S. 67B, The Information Technology Act, 2000.
Ibid.
Supra note 19.
Supra note 19.
S. 366A, The Indian Penal Code, 1860.
Child Online Protection in India, UNICEF, 2016, , last seen on: 20/05/2022.
Unstarred Question No. 581, Answered on 07.02.2019, Bringing child grooming under POCSO Act, Rajya Sabha, Ministry of Women and Child Development, Government of India, .
Ibid.
Supra note 25.
Economic and Social Council (ECOSOC), Prevention, Protection and International Cooperation against the Use of New Information Technologies to Abuse and/or Exploit Children, Resolution 2011/33, 2, available at , last seen on 02/06/2022.
Ibid.
U. N. General Assembly Res. 44/25 Convention on the Rights of the Child, U.N. Document E/CN.4/RES/1990/74, .
U.N. Committee on the Rights of the Child, General comment No. 13 (2011) The right of the child to freedom from all forms of violence, U.N. Document CRC/C/GC/13, 12, (18/04/2011), available at , last seen on 02/06/2022.
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Council of Europe Treaty Series – No. 201, .
Ibid, Article 23.
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011, on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, available at , last seen on 02/06/2022.
Ibid, Article 6(1).
S. 14, Sexual Offences Act 2003 (United Kingdom).
18 U.S.C. S. 2422 (2006) (United States).
S. 474.27, Criminal Code Act 1995, (Australia).
S. 272.15A, Criminal Code Act 1995, (Australia).
S. 272.15A of the Australian Criminal Code Act, 1995, provides for “Grooming” person to make it easier to engage in sexual activity with a child outside Australia.
Ibid.
S. 18, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, (South Africa), .
Supra note 3, 51.
Report of the Adhoc Committee of the Rajya Sabha to Study the Alarming Issue of Pornography on Social Media and its Effect on Children and Society as a Whole, Jan. 25, 2020, Rajya Sabha, Parliament of India, , last seen on: 20/05/2022.
Ibid, at 11.
Supra note 44, at 31.
Combatting child sexual abuse online, Directorate General for Internal Policies, Policy Department C: Citizens’ Rights and Constitutional Affairs, Civil Liberties, Justice and Home Affairs, Oct. 2015, available at , last seen on 02/06/2022.
Ibid, at 50.
Introduction
With the onset of the COVID-19 pandemic, the use of the internet, online services, and social media sites has increased substantially, not only among adults but among children as well. The pandemic contributed heavily to the significant rise in child sexual exploitation and abuse. While the adoption of internet and digital services has grown exponentially, the knowledge about the risks of being online and literacy regarding online safety has unfortunately not. One such issue which has not received adequate attention in India is that of online grooming of children, which can be described as predatory conduct used to gain trust and prepare the child for sexual activity at a later time, with the ultimate objective being, the sexual exploitation of the child. This essay will analyse the existing legal framework vis-à-vis online grooming of children in India, the laws enacted in various other jurisdictions and the legislative and policy changes that can be undertaken to combat this grave offence.
Understanding Online ‘Grooming’ of Children
The Terminology Guidelines for the Protection of Children from Sexual Exploitation released by the Interagency Working Group on Sexual Exploitation of Children (“Terminology Guidelines”) in Luxembourg in 2016, defined grooming as “the process of establishing/building a relationship with a child, either in person or through the use of the Internet or other digital technologies, to facilitate either online or offline sexual contact with that person”. The National Commission for Protection of Child Rights (NCPCR) in India describes online grooming of children as the building of an emotional connection with a child to gain their trust for the purposes of sexual abuse or exploitation.
Grooming occurs when an individual builds trust, emotional connection and a relationship, with a child or young person with the intention to manipulate, exploit and abuse them. The grooming of a child represents the initial actions taken by an offender to “socialise” or “prepare” the child for a sexual relationship and is a process that may take place online, offline, or a combination of both. Grooming often involves an adult befriending a child, sometimes by pretending to be another young person, drawing the child into discussing intimate matters, gradually exposing the child to sexually explicit materials. The groomer may lure the child into producing child pornography by sending compromising personal photos using a digital camera, webcam or phone-cam, which further provides the groomer with a means of controlling the child through threats. Further, where grooming eventually leads to a physical meeting between the groomer and the child, the child may be sexually abused or otherwise harmed.
Potentially, any child is at risk of being groomed, irrespective of their sex or gender. The consequences of grooming are felt on all aspects of a child’s life, including their relationship with themselves, their relationship with their family and friends, relationships in school, and their relationship with internet usage. Grooming can have both short and long-term effects, such as anxiety, depression, post-traumatic stress, self-harm, eating disorders, suicidal ideation, sexually transmitted infections, substance abuse or alcohol problems, difficulty in coping with stress, problems in relationships with family, friends and partners to name a few.
As online grooming constitutes a serious threat to the safety and well-being of children, especially in today’s digital world, it is relevant to consider the existing legal framework regarding the issue.
Current Legal Famework
Domestic Law
At present, there are no explicit provisions in any law which recognise and prohibit the online grooming of children. In India, the principal legislation for the protection of children against online grooming is the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). The Indian Penal Code, 1860 (IPC) and the Information Technology Act, 2000 (“IT Act”) are used as other supplementary laws depending on the nature of the case.
Section 11 of the POCSO Act pertains to the sexual harassment of children, which includes any of the following acts done with a sexual intent-communication with the child, showing a part of the body to the child, making the child exhibit their body, showing any media for pornographic purpose, stalking the child, threatening to use a real or fabricated depiction of the child or enticing the child for a pornographic purpose. Sub-clause (iv) of section 11 stipulates that repeatedly or constantly following or watching, or contacting a child either directly or through electronic, digital, or any other means constitutes sexual harassment, which may be applied to instances concerning online grooming of children.
Further, section 67B of the IT Act provides for the punishment for publishing or transmitting material depicting children in a sexually explicit act in electronic form and provides for imprisonment for a period of five years with a fine for a first conviction and imprisonment extendable up to seven years along with a fine for subsequent convictions. This provision does not look into either ‘facilitation of online abuse’ or the ingredients that constitute it. This results in a lack of clarity with regards to acts of grooming that could potentially be covered under the section. Furthermore, sub-clause (c) of section 67B only provides for the punishment for whoever cultivates, entices or induces one or more children into an online relationship for a sexually explicit act, or cultivates, entices or induces one or more children into an online relationship in a manner that may offend a reasonable adult on the computer resource. Thus, while not expressly providing the term ‘grooming’, section 67B does make it illegal to induce children into online relationships for sexually explicit acts.
Furthermore, section 366A of the IPC prohibits any act towards inducing a minor girl to go from any place or to do any act with the intention that the girl will be forced or seduced to have illicit intercourse with another person. However, as this section excludes minor boys entirely, it is not comprehensive in nature. Presently, a groomer can potentially be charged under various laws and provisions mentioned above, however, as Indian law does not explicitly recognise grooming as a criminal offence, establishing the criminality of grooming may prove to be difficult.
In February 2019, Union Minister Mr. Rajeev Chandrashekhar asked a question in the Upper House of Parliament, the Rajya Sabha, regarding bringing child grooming under the POCSO Act. The question was whether the Government would review and bring amendments to the POCSO Act to include the phenomenon of “Child Grooming” and make it punishable, and the details thereof. The response of the Ministry of Women and Child Development at the time had been that there was no such proposal under consideration and that the POCSO Act contained effective provisions to curb the menace of child abuse.
Thus, while Indian law does provide for protection against online exploitation of children in some manner, there is no express provision which criminalises online grooming of children, and while certain attempts have been made to question and change the law, they have been unsuccessful so far.
International Law
The issue of online grooming of children has been addressed at the international level in many ways as well, for instance, the Economic and Social Council (ECOSOC) Resolution 2011/33 on Prevention, Protection and International Cooperation against the Use of New Information Technologies to Abuse and/or Exploit Children[28] (“Resolution”) which stressed that new information and communications technologies and applications were being misused. Further, the Resolution emphasised that technical developments had permitted the appearance of crimes such as the production, distribution or possession of child sexual abuse images, audio or video, the exposure of children to harmful content, the grooming, harassment and sexual abuse of children and cyberbullying.
While the Convention on the Rights of the Child (CRC) is the primary international legal instrument pertaining to child rights, it unfortunately, does not explicitly refer to the grooming of children, whether done physically or online. However, the CRC Committee in 2011 in General Comment No. 13 while discussing violence against children through information and communications technologies, mentioned that children in contact with others through ICT, may be bullied, harassed or stalked (child “luring”) and/or coerced, tricked or persuaded into meeting strangers off-line, being “groomed” for involvement in sexual activities.
The only international legal instrument that specifically addresses and defines online grooming is the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the “Convention”), also known as the Lanzarote Convention. Article 23 of the Convention provides for the offence of grooming as “Solicitation of children for sexual purposes” and requires each party to criminalise the intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the age below which it is prohibited to engage in sexual activities with a child for the purposes of engaging in sexual activities or producing child pornography and where this proposal has been followed by material acts leading to such a meeting.
Other than the Convention, the only other regional instrument that includes online grooming is the EU Directive on Combating the Sexual Abuse and Sexual Exploitation of Children and Child Pornography, which under Article 6(1) criminalises the solicitation of children for sexual purposes.
Other Jurisdictions
In order to form holistic legislative responses that will comprehensively tackle the issue of child grooming, it may be helpful to consider the laws enacted by other jurisdictions on the subject. The laws of a few countries with respect to grooming, including online grooming of children, are highlighted subsequently.
In the UK, under section 14 of the Sexual Offences Act, 2003 , arranging or facilitating a meeting with a child under the age of 16 years, for oneself or someone else, with the intent of sexually abusing the child is an offence and upon conviction, carries a punishment of imprisonment up to 14 years.
Under US federal law, Title 18, section 2422 (coercion and enticement) of the United States Criminal Code , criminalises the use of mail, interstate or foreign commerce to knowingly persuade, induce, entice, or coerce any individual under the age of 18 years to engage in prostitution or any sexual activity.
In Australia, section 474.27 of the Criminal Code Act, 1995 (Using a carriage service to “groom” persons under 16 years of age) provides for the use of a carriage to communicate with the intention of making it easier to procure the child to engage in sexual activity with the sender, a participant, or another person. Further, section 272.15 (“Grooming” child to engage in sexual activity outside Australia) provides for the criminalisation of establishing communication with a child with the intention of engaging in sexual activity even if it is impossible for the sexual activity to take place and prescribes 12 years of imprisonment for the same. Additionally, section 272.15A further provides for instances where the offender engages in conduct in relation to a third party and the offender does so with the intention of making it easier to procure a person such as a child, to engage in sexual activity (whether or not with the offender) outside Australia; and the child is someone who is under the age of 16 or whom the defendant believes to be under 16 years of age.
Under South African law, section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 contains an express provision on sexual grooming and criminalises the use of any means with the intention of facilitating the commission of a sexual act with a child. Under the law, sexual acts have been considered in a broad sense, including the performance of a sexual act by the child while the offender is watching, exposing the child to pornography, or exposing parts of his or her body in a manner that violates the child’s sexual integrity or dignity.
The laws of these countries provide an illustrative basis for India to mould its own laws on online child grooming. The introduction of a clear and express provision prohibiting online grooming of children will assist police authorities and courts alike in protecting young children in online spaces.
Suggested Legislative Changes and Other Solutions
The Report of the Adhoc Committee of the Rajya Sabha to Study the Alarming Issue of Pornography on Social Media and its Effect on Children and Society as a Whole (“Report”), presented in January 2020, recommended the inclusion of an explicit new provision on ‘cyber-grooming’ in the POCSO Act to tackle the problem of grooming. The Report recommended the introduction of the new provision under Section 11 (which provides for sexual harassment) after clause (vi), which reads as,
(vii) knowingly persuades, coerces, entices, grooms, communicates, arranges a meeting with a child for oneself or another person and/or meets with a child with the intent of sexually abusing the child, and even if the actor thinks he/she is communicating with a child but is actually talking to an adult.[45]
The Report further recommended that the definition of cyber-grooming be included in the POCSO Act as well for specificity and referred to the definition given in the Terminology Guidelines and recommended the adoption of this definition to ensure that Indian law’s understanding of ‘grooming’ was in line with international standards.
Along with appropriate legislative intervention to make online grooming an express criminal offence, it is necessary to give due attention to other important factors such as educating children, parents, teachers, police, and other relevant stakeholders on the risks of being online and focusing on bolstering digital literacy among the general public. It is crucial to sensitise teachers, police authorities/law enforcement, and healthcare/medical professionals who may often be the first points of contact for the victim. Properly trained personnel throughout the investigation and prosecution of online child sexual abuse offences and related court procedures are crucial in order to deliver child-friendly justice.
There ought to be an emphasis on awareness and empowerment campaigns regarding the safe use of the internet, along with an increased focus on digital literacy and imparting information that teaches children, parents and other relevant stakeholders to recognise signs of online grooming. Including such information, a part of the school curriculum for children.
Conclusion
Online grooming of children is a serious problem that requires the attention of legislators and the general public alike. To effectively tackle this issue, adopting the Rajya Sabha Committee Report’s recommendation to amend the law to include online grooming as an express provision supported by digital literacy, education of children and other stakeholders about online grooming is required to ensure that children are able to negotiate the online world safely. Further, apart from the appropriate legislative intervention, supporting policies such as gender sensitivity training of teachers and police authorities and awareness campaigns on recognising the online grooming of children ought to be prioritised.
The author, Avanti Deshpande, is an undergraduate law student at ILS Law College, Pune.
Ramya Kannan, COVID-19 pandemic fuelled rise in child sexual abuse online: report, The Hindu, Oct. 21, 2021, , last seen on: 20/05/2022.
Child Sexual Exploitation and Grooming, Guidance for school staff on how to spot the signs of sexual exploitation and how to respond, Victoria State Government, Australia, , last seen on: 20/05/2022.
Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse Adopted by the Interagency Working Group in Luxembourg, Jan. 28, 2016, June, 2016, , last seen on: 20/05/2022.
Being Safe Online, Guideline for raising awareness among children, parents, educators and general public, National Commission for Protection of Child Rights (NCPCR), Dec. 2017, , last seen on: 20/05/2022.
National Society for the Prevention of Cruelty to Children (NSPCC), United Kingdom, Grooming, , last seen on: 20/05/2022.
Protecting Children from Cybercrime Legislative Responses in Asia to Fight Child Pornography, Online Grooming, and Cyberbullying, A joint report of the World Bank and the International Centre for Missing & Exploited Children, 2015, last seen on: 20/05/2022.
Explanatory Report to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Council of Europe Treaty Series – No. 201, , last seen on 20/05/2022.
Ibid.
Supra note 7, at 23.
Supra note 5, Who’s at risk.
H.C. Whittle, C. Hamilton-Giachritsis, A.R. Beech, Victims’ Voices: The Impact of Online Grooming and Sexual Abuse, 1(2) Universal Journal of Psychology 59, 62-63 (2013) available at , last seen on 01/06/2022.
Supra note 5, Effects of grooming.
Shruthi Ramakrishnan, Online Grooming of Children – Legal Framework, Live Law, Sept. 12, 2021, , last seen on: 20/05/2022.
The Protection of Children from Sexual Offences Act, 2012.
The Indian Penal Code, 1860.
The Information Technology Act, 2000.
S. 11, The Protection of Children from Sexual Offences Act, 2012.
Ibid.
S. 67B, The Information Technology Act, 2000.
Ibid.
Supra note 19.
Supra note 19.
S. 366A, The Indian Penal Code, 1860.
Child Online Protection in India, UNICEF, 2016, , last seen on: 20/05/2022.
Unstarred Question No. 581, Answered on 07.02.2019, Bringing child grooming under POCSO Act, Rajya Sabha, Ministry of Women and Child Development, Government of India, .
Ibid.
Supra note 25.
Economic and Social Council (ECOSOC), Prevention, Protection and International Cooperation against the Use of New Information Technologies to Abuse and/or Exploit Children, Resolution 2011/33, 2, available at , last seen on 02/06/2022.
Ibid.
U. N. General Assembly Res. 44/25 Convention on the Rights of the Child, U.N. Document E/CN.4/RES/1990/74, .
U.N. Committee on the Rights of the Child, General comment No. 13 (2011) The right of the child to freedom from all forms of violence, U.N. Document CRC/C/GC/13, 12, (18/04/2011), available at , last seen on 02/06/2022.
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Council of Europe Treaty Series – No. 201, .
Ibid, Article 23.
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011, on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, available at , last seen on 02/06/2022.
Ibid, Article 6(1).
S. 14, Sexual Offences Act 2003 (United Kingdom).
18 U.S.C. S. 2422 (2006) (United States).
S. 474.27, Criminal Code Act 1995, (Australia).
S. 272.15A, Criminal Code Act 1995, (Australia).
S. 272.15A of the Australian Criminal Code Act, 1995, provides for “Grooming” person to make it easier to engage in sexual activity with a child outside Australia.
Ibid.
S. 18, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, (South Africa), .
Supra note 3, 51.
Report of the Adhoc Committee of the Rajya Sabha to Study the Alarming Issue of Pornography on Social Media and its Effect on Children and Society as a Whole, Jan. 25, 2020, Rajya Sabha, Parliament of India, , last seen on: 20/05/2022.
Ibid, at 11.
Supra note 44, at 31.
Combatting child sexual abuse online, Directorate General for Internal Policies, Policy Department C: Citizens’ Rights and Constitutional Affairs, Civil Liberties, Justice and Home Affairs, Oct. 2015, available at , last seen on 02/06/2022.
Ibid, at 50.