Context: Recently, the Central Bureau of Investigation (CBI) conducted searches at 59 locations across 20 States and one Union Territory, as part of a pan-India drive against the circulation and sharing of child sexual abuse material.

• The operation code-named “Megh Chakra” was carried out following the inputs received from the Interpol’s Singapore special unit based on the information received from the authorities in New Zealand.

About Operation Megh Chakra

• The CBI has registered two cases alleging that a large number of Indian nationals were involved in the online circulation, downloading and transmission of such material using cloud-based storage.

• The searches were carried out in Himachal Pradesh, Punjab, Haryana, Delhi, Uttar Pradesh, Bihar, Jharkhand, Chhattisgarh, Maharashtra, Gujarat, Goa, Karnataka, Telangana and Tamil Nadu. The agency seized electronic devices belonging to the suspects.

• A preliminary scrutiny of the devices using cyberforensic tools allegedly revealed that a huge quantity of child pornography material was stored in them.

• The operation sought to collate information from various law enforcement agencies in India, engage with the relevant law enforcement agencies globally and coordinate closely through the Interpol channels on the issue.

• The agency had launched a similar exercise code-named “Operation Carbon”, searching the premises of suspects in 13 States and one Union Territory.

• The previous operation was conducted at 76 locations. The persons named in the FIRs were booked under the relevant provisions of the IPC and the Information Technology Act, for allegedly being part of the syndicates that uploaded, circulated, sold and viewed such material.

• The CBI had later decided to send requests to several countries for sharing and gathering information under the Mutual Legal Assistance Treaties (MLATs) on those involved in the racket.

Issues Related to Child Sexual Abuse

• Multi-layered Problem: Child sexual abuse is a multi-layered problem which negatively impacts children’s physical safety, mental health, well-being and behavioural aspects.

• Amplification Due to Digital Technologies: Mobile and digital technologies have further amplified child abuse and exploitation. New forms of child abuse like online bullying, harassment and Child Pornography have also emerged.

• Ineffective Legislation: Although Government of India has enacted the Protection of Children against Sexual Offences Act 2012 (POCSO Act), it has failed to protect children from sexual abuse. The reasons for this can be the following:

• Low Conviction Rate: The rate of conviction under the POCSO act is only about 32% if one takes the average of the past 5 years and the percentage of cases pending is 90%.

• Judicial Delay: The Kathua Rape case took 16 months for the main accused to be convicted whereas the POCSO Act clearly mentions that the entire trial and conviction process has to be done in one year.

• Unfriendly to Child: Challenges related to age-determination of the child. Especially laws that focus on biological age and not mental age.

Constitutional Provisions

• The Constitution guarantees to every child the right to live with dignity (Article 21), the right to personal liberty (Article 21), the right to privacy (Article 21), the right to equality (Article 14) and/or the right against discrimination (Article 15), the right against exploitation (Article 23 & 24).

• Right to free and compulsory elementary education for all children in the 6–14-year age group (Article 21 A).

• The Directive Principles of State Policy, and in particular Article 39(f), cast an obligation on the State to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Central Bureau of Investigation (CBI)

• The Central Bureau of Investigation (CBI) was set up in 1963 after the recommendation of Santhanam committee under Ministry of Home affairs and was later transferred to the Ministry of Personnel and now it enjoys the status of an attached office.

• Now, the CBI comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions.

• The CBI derives its powers from the Delhi Special Police Establishment Act, 1946, however, it is NOT a Statutory Body.

• CBI is the apex anti-corruption body in the country – Along with being the main investigating agency of the Central Government it also provides assistance to the Central Vigilance Commission and Lokpal.

• The CBI is required to obtain the prior approval of the Central Government before conducting any inquiry or investigation.

• The CBI is also the nodal police agency in India which coordinates investigations on behalf of Interpol Member countries.

• The CBI’s conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.

• The CBI is headed by a Director and he is assisted by a special director or an additional director. It has joint directors, deputy inspector generals, superintendents of police.