Issue guidelines to curb child pornography, formulate SOP to deal with missing children investigation: Karnataka HC

The Karnataka High Court this week issued a set of pertinent directions in a batch of pleas highlighting the issue of child pornography in child care institutions..The directions range from issuing guidelines to curb child pornography to formulating a Standard Operating Procedure (SOP) for dealing with the issue of missing children..The extensive order was passed by a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna..Formulate guidelines to curb child pornography.The Court observed that one of prayers in the petition filed by Advocates Pranay Sharma and Dalwai Venkatesh was the formulation of guidelines for dealing with the issue of child pornography. In this regard, the Court specifically noted the "insensitive" attitude of police officers while dealing with child pornography cases. ."Orders passed in this petition show that the police machinery did not show the sensitivity which was expected from it while dealing with alleged cases of child pornography. Therefore, it will be appropriate for the state government to issue a Standard Operating Procedure for dealing with the cases of child pornography so that proper investigation is carried out in such cases."Karnataka High Court.SOP for dealing with inquiry of missing children.Next, the Court came to the issue of identification of missing children. After relying on the Apex Court decision in Sampurna Behrua v. Union Of India, the Court said,."We find that there is some purpose for which the Apex Court directed creation of database of missing children. The reason for the said directions appears to be a statutory provision in the Juvenile Justice Model Rules, 2016 (Model Rules). The said provision is Rule 92 which requires enquiry to be held in case of a missing child.".However, after a detailed perusal of relevant documents, the Court opined that, ."..the provisions contained under Rule 92 are not being implemented in its true letter and spirit.".Thus, the Court directed the state to issue appropriate directions to police stations and special juvenile police units to comply with all requirements of rule 92 within one month. The Court also directed the formulation of an SOP as provided in Rule 92(7), which mentions the manner of inquiry in case of missing children. .Formulate child protection policy and Social Audit of Juvenile Justice Act.While dealing with the issue of formulation of a child protection policy, the Court directed the petitioners to submit a detailed representation to the state government along with a draft of the proposed guidelines dealing with child protection. The draft guidelines can assist the state government in formulating its own guidelines, the Court opined. .On the point of social audit of the implementation of Juvenile Justice Act (JJ Act), the Court directed the State on place on record in what manner it proposed to carry out the same..Rule-making power .In its order, the Bench noted that the state government had not exercised the rule making power under the JJ Act. The Court further said that several provisions in the JJ Act cannot be implemented unless this power is used..Therefore, on this issue, the Court held, ."Though in normal course, a writ of mandamus cannot be issued against legislature to legislate, there is an exception to that general rule, if it is demonstrated that due to the failure of the state government to exercise rule making power, provisions of a statute cannot be implemented, a writ court will be well within its jurisdiction to issue a writ of mandamus compelling the state government to exercise the rule-making power.".The Court thus held,."We therefore direct the state government to expedite the work of framing rules under JJ Act as well as the said act of 2005 (Commissions for Protection of Child Rights). Considering the present situation of COVID-19, we are not pressing an outer limit. But we are sure that state will keep it in mind that proper implementation of both the statutes depends on the framing of rules."Karnataka High Court.In cognizable offences, there should be no discretion of Police for registration of FIR, Karnataka HC in child pornography matter.This apart, the Court went on to pass the following directions:.State to ensure that all Child Welfare Committees (CWCs) are provided with necessary infrastructure within a period of two months. State to also place on record the number of staff members provided to each CWC. State to place on record whether there is any standard staffing pattern laid down for CWCS. If there is no standard, state to lay down a standard staffing pattern after consulting all the stakeholders.Direct Registrar General (Registrar) of this Court to pass a direction to all District Magistrates of all Juvenile Justice Boards in the state to follow mandate of Rule 6(7) (conduct meetings of Juvenile Justice Board). Registrar to also call for data of all pending cases before every board in the State. Data shall be as of July 31, 2020 and shall be placed on record by August 14.State has informed that there are 45 special juvenile police units. State to clarify if those units are available in each district. State government to also specify the norms laid down for selecting police personnel as part of the said unit.State government to place on record the steps taken to give continuous training to the members of such units..Offences against children cannot be viewed lightly: Karnataka HC pulls up State.On the point of infrastructure in CWCs, the Court said,."It is the duty of the state government to ensure that proper infrastructure is available in all CWCss as provided in Rules 26 and 29 of the Model Rules. State must report proper compliance.”