POCSO Flashcards
What are the international obligations that India has undertaken under the POCSO’s preambulatory clauses
Letter Rogatory as established under CRPC and Mutual Legal Assistance Treaty for situations where investigations are delegated to foreign country where rapist has escaped.
Victimology in POCSO
Compensation given to victim which is new, victim voices were not looked at.
Re:Prajwal
In 2015, an NGO named Prajwala wrote a letter to the Supreme Court raising concerns about videos depicting sexual violence being distributed on the internet. The letter sought to bring the Court’s attention to the existence of such videos, and their rampant circulation on online platforms. Based on the contents of the letter, a suo moto petition was registered, with Google, Facebook, WhatsApp, Yahoo and Microsoft impleaded as parties.
The orders of the Court suggest that there was consensus within the committee that websites that do not proactively censor content that depicts sexual violence could be blocked by law enforcement agencies. The committee further advised the creation of a government controlled hash bank of such content. Although the case is still pending before the Supreme Court, it appears that the outcome could be an opaque blocking content mechanism, with insufficient safeguards to prevent misuse.
Satish vs Maharashtra
HC failed to consider sexual intent and focused on the definition of touch in sexual harassment to construe it as skin-to-skin contact.
SC overruled saying touch is anything with sexual intent. Skin to skin aspect of touch is irrelevant.
