The COVID-19 pandemic has come with a unique set of challenges spanning from medical problems to other areas, such as loss of livelihood. Children are suffering the most in one way in particular during the crisis. Although the number of COVID-19 cases is fewer among children, national responses to the pandemic have had major consequences for a child’s right to a safe and healthy learning environment. Nearly 1.5 billion children around the world have been kept away from school for at least three to four months under national lockdown orders. In response, many schools have shifted to an online venue, paving way for the sexual predators to abuse children through virtual means. 

THE ALARMING SITUATION IN INDIA

According to CHILDLINE 1098, an emergency service to field calls for help from women and children in the face of abuse and violence, the number of calls of children in distress increased by 50 percent in the second week of India’s lockdown in April 2020. Even the highest court of India recognised the breadth of the issue and took suo moto notice (of its own accord, without party request) of the risky situation children faced, particularly those under state care programs.  

With the expansion of internet communication technologies amongst children and young people, who account for 60 percent of online users in India, a relatively new threat to the safety of children has emerged. According to a recent report by the U.S. National Center for Missing & Exploited Children (NCMEC) and the National Crime Records Bureau (NCRB), at least 25,000 images of child sexual abuse were uploaded across Indian social medial platforms between September 2019 and January 2020. According to the India Child Protection Fund, a non-governmental organisation, there was also a drastic increase in child pornography searches in March, just after the lockdown was announced. The consumption of child sexual abuse material and imagery in India spiked by 95 percent amid lockdown. 

These alarming statistics have raised serious concerns, especially when the entirety of schooling has shifted to online platforms and “having constant parental supervision is not a feasible option in families with two working parents”. Moreover, in many cases schools specifically ask parents to leave the students alone during class time to avoid helicopter parenting, thus making children more vulnerable to online sexual abuse. 

Protecting children against sexual abuse is essential to ensure the constitutional right to dignity of children provided under Article 21 of the Constitution of India, which is clearly compromised when they are exposed to predators. Increased online time can lead to grooming and both online and offline exploitation. Under these circumstances, children can also themselves be coerced into becoming tools in furtherance of illegal and dangerous activities. For example, children may be persuaded to create and to share sexual images of themselves, which may then be used by others to harass and abuse them. 

AROUND THE WORLD

The rise in the number of online child abuse cases is not just limited to India. The majority of countries implementing similar lockdowns are facing the problem as well. Reports of online sexual exploitation of Canadian children during the COVID-19 pandemic have risen, too. Abusers take advantage of the fact that kids are spending more time online and exploit them through “live distant child abuse,” also referred to as on-demand child sexual abuse or cybersex trafficking, through which perpetrators can direct abuse in real-time. This trend is another aspect of the increased commercialisation of child sexual exploitation.

Even the head of the EU law enforcement agency Europol cautioned the members of the EU regarding the rise and remarked that it was now simpler for paedophiles to contact children and to find like-minded offenders. Similarly, in Australia, police commander Jamie Strauss raised the same concern and warned that offenders will use the second wave of COVID-19 as an opportunity to find more potential child victims, as young people spend increasing amounts of time online with limited adult supervision. The situation persists even in countries like Thailand and the Philippines, pointing to growing worry around the globe for the safety of children.

OBLIGATION OF THE STATES

It is important here to consider the provisions available under international human rights instruments, as online sexual abuse cases transcend the boundaries of nations and are not limited to specific jurisdictions. International treaties, such as the Convention on the Rights of the Child (Articles 19 and 34) and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography enumerate children's rights and specify the obligation of states to protect children from sexual exploitation and sexual abuse. 

Additionally, regional conventions, such as the Council of Europe's Lanzarote Convention, seek to prevent child sexual exploitation and abuse and to promote national and international cooperation in the identification, investigation, prosecution, and prevention of these crimes. Also, a new resource pack has been released by various organisations including UNICEF, the Global Alliance, and the WHO, which sets out key priorities and recommendations to promote positive online experiences for children. It recommends equipping children with age-appropriate information on Internet safety, including how to seek out help and support. The organisations also promote helping children develop digital resilience and critical thinking skills so that they can make good choices online. These recommendations are particularly important, as constant parental supervision of children is not a viable option, and therefore it is necessary to empower children online and cultivate a safe and secure e-learning environment.

We, as a global society, must effectively implement the international provisions available for the protection of children and further chalk out new laws specific to the rise in online sexual abuse cases. Finally, developing additional international frameworks to effectively deal with cross-border cyber-crimes will go a long way in tackling the online sexual abuse cases, global pandemic or not.

Pallav is a B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Patiala. His areas of interest are Human Rights, Criminal Law, and Policy Making. As a community minded person he wants to bring a positive change in the world.

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