Delhi High Court judgment on protecting minors online

Source: The post Delhi High Court judgment about protecting minors online has been created, based on the article “Delhi High Court’s ‘virtual touch’ judgment ignores agency of teenagers” published in “Indian express” on 15th May 2024.

UPSC Syllabus Topic: GS Paper 2 – Mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections

Context: The article critiques a Delhi High Court judgment about protecting minors online. It argues that the court overlooks teenagers’ knowledge and roles in online safety, misjudges the balance between protection and normal adolescent behavior, and suggests a need for better victim support systems. Delhi High Court judgment on protecting minors online

For detailed information on Child, law, and consensual sex read this Article here

What are the major outcomes of the Delhi High Court judgment about protecting minors online?

Denial of Bail: The Delhi High Court denied bail to an accused of drugging, kidnapping, and sexually exploiting a minor, met initially through a social media platform.

Educational Emphasis on Online Safety: The judgment stresses the need for minors to be educated about navigating online spaces safely. It introduced the concept of “virtual touch” to help them recognize potential dangers, similar to the “good touch/bad touch” exercise.

Assumption of Teenager’s Online Awareness: The court frames teenagers as generally unaware of the risks posed by online interactions.

What are the major criticisms of the Delhi High Court judgment about protecting minors online?

Misjudgment of Teenagers’ Digital Literacy: The court assumes that teenagers are less aware of online risks. It overlooks the reality that many teenagers are more digitally proficient than adults and often educate their elders about technology.

Overreliance on Parental Guidance: The judgment emphasizes a parent/guardian-centric approach, neglecting the significant role that peers and siblings play in shaping teenagers’ online experiences and responses to risks.

Simplistic Framework for Complex Issues: The introduction of “virtual touch” in the context of good touch/bad touch is critiqued for oversimplifying the complexities of online interactions and the sophisticated strategies used by perpetrators.

Legal and Social Implications for Adolescents: The application of the POCSO Act is criticized for stigmatizing normal adolescent behaviors. It will potentially discourage teenagers from reporting abuses or seeking help, thus perpetuating vulnerability to exploitation.

Prolonged Legal Proceedings: Legal proceedings related to online harassment can be excessively prolonged. It contradicts the POCSO Act’s recommendation for cases to be resolved within a year to ensure swift justice and support for victims.

For detailed information on Functioning of the POCSO Act read this Article here

Question for practice:

Evaluate the Delhi High Court judgment on protecting minors online, considering its implications for teenagers’ digital literacy, reliance on parental guidance, and the efficacy of the “virtual touch” concept.