" SEXUAL AND REPRODUCTIVE HEALTH SHOULD NOT CARRY A STIGMA "

The National Human Rights Commission (NHRC) of India was established in 1993 under the Protection of Human Rights Act (PHRA), 1993, amended in 2006.

- Rajiv Tikoo

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 However, the term “Child Pornography” is outdated and does not encompass all forms of child sexual exploitation.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.