LLM Notes: Steps Taken by the National Human Rights Commission to Curb Child Abuse

The National Human Rights Commission (NHRC) of India has adopted a multi-faceted approach to combat child abuse through investigative mechanisms, policy recommendations, awareness initiatives, and collaborative efforts with stakeholders. Here are the key steps undertaken by the Commission:

1. Suo Motu Action and Case Investigations

The NHRC exercises its power to take suo motu cognizance of child abuse cases based on media reports and public information without waiting for formal complaints. This proactive mechanism allows the Commission to intervene in serious cases of child rights violations. For instance, the NHRC has taken suo motu action in cases involving reported physical abuse of children, such as the branding of three children with a hot iron by a faith healer in Madhya Pradesh. The Commission issues notices to relevant authorities like District Magistrates and Police Superintendents, demanding detailed reports within specific timeframes and conducting inquiries into alleged violations.​

2. Issuance of Comprehensive Advisories

The NHRC has issued 31 advisories addressing various dimensions of child protection. These include specialized advisories on critical issues:​

Child Sexual Abuse Material (CSAM) Advisory: The NHRC's comprehensive four-part advisory on CSAM (dated October 27, 2023) addresses the digital exploitation of children. The advisory recommends replacing the term "child pornography" with "child sexual abuse material" to emphasize that this constitutes abuse rather than mere content. It proposes clear definitions of "sexually explicit" content under Section 67B of the IT Act, 2000, to facilitate swift removal from the internet.​

3. Strengthening Law Enforcement Infrastructure

The NHRC advisory recommends the creation of specialized state police units in every state and union territory dedicated to handling CSAM-related cases. Additionally, the NHRC advocates for establishing a centralized Specialized Central Police Unit under the Government of India's jurisdiction to identify offenders, maintain a repository of such content, cooperate with investigative agencies, analyze patterns, and facilitate content takedown across both the dark web and open web.​

4. Regulation of Online Platforms

The NHRC emphasizes that internet intermediaries and social media platforms must deploy technology such as content moderation algorithms to proactively detect and remove CSAM from their platforms. The advisory suggests that platforms using end-to-end encryption services may be required to create additional protocols for monitoring CSAM circulation, with the potential consequence of losing "safe harbor" protections under Section 79 of the IT Act, 2000, if they fail to comply.​

5. Awareness and Education Programs

The NHRC calls for mandatory awareness and sensitization programs at schools, colleges, and institutions to educate students, parents, and teachers about online child sexual abusers' methods, children's vulnerabilities on the internet, and early signs of online child abuse. The Commission recommends integrating a cyber curriculum into the education system that would boost digital literacy while also educating students about relevant child care legislation, policies, and legal consequences of child abuse violations.​

6. Support for Abuse Survivors

The NHRC recognizes that survivors of child abuse require comprehensive support services beyond legal measures. The Commission recommends establishing psycho-social care centers in every district to provide need-based support services and organize stigma eradication programs. These centers focus on restorative care—a multidisciplinary approach addressing medical, physical, social, spiritual, and psychological needs of child abuse survivors.​

7. Monitoring Child Care Institutions

In collaboration with other stakeholders, the NHRC focuses on monitoring Child Care Institutions (CCIs) to ensure they maintain adequate standards and provide proper care. The Commission emphasizes the need to conduct social audits of CCIs, ensure adequate staffing including counselors, and strengthen legal aid mechanisms for vulnerable children. The NHRC recommends establishing Standard Operating Procedures (SOPs) to streamline child protection processes and increase funding for child care institutions.​

8. Policy Recommendations for Vulnerable Groups

The NHRC has conducted extensive research and issued recommendations for protecting particularly vulnerable children. For instance, the Commission recommended that the Juvenile Justice Act, 2015, be amended to include specific provisions for transgender and gender-nonconforming children. Similarly, the NHRC issued an advisory recommending that impoverished and uneducated children engaged in begging be protected through rehabilitation measures, healthcare services, education, and decriminalization initiatives.​

9. Capacity Building and Training

The NHRC works with national academies of the All India Services to develop customized training modules on human rights and child protection. The Commission conducts collaborative workshops and seminars with various institutions to sensitize judicial officers, police personnel, social workers, and other stakeholders about child rights and protection mechanisms. During the past year, the Commission organized 33 collaborative workshops with financial support of over Rs. 66 lakh to various institutions.​

10. Monetary Compensation and Relief

The NHRC has the authority to recommend monetary compensation to victims of human rights violations, including child abuse survivors. Over three decades, the NHRC has recommended approximately Rs. 256.57 crore as monetary relief to victims of human rights violations. While these recommendations are technically advisory in nature under Section 18 of the Protection of Human Rights Act, contemporary interpretations suggest that recommendations for "immediate relief" should be viewed as binding obligations to ensure prompt compliance.​

11. Research and Documentation

The NHRC promotes research and documentation on child rights and protection issues through collaboration with academic institutions and the Salim Ali National Institute of Wetland Ecology (SPNIWCD). These research activities aim to assess ground-level situations affecting children's welfare, create national databases monitoring trends in child protection, and disseminate information through various media channels to raise awareness about child rights.​

12. Collaborative Partnerships

The NHRC establishes partnerships with civil society organizations, NGOs, government agencies, and international bodies to ensure coordinated and effective child protection responses. These collaborations extend support services for child abuse survivors and ensure that partnership organizations adhere to child safeguarding policies and procedures.​

13. Juvenile Justice and Child Welfare Reforms

The NHRC provides recommendations for reforming the Juvenile Justice system to better serve children in conflict with the law and those in need of care and protection. These recommendations include revamping rehabilitation programs, increasing community service as a correctional measure, and strengthening the legal aid mechanism for vulnerable children.​

Challenges and Limitations

Despite these comprehensive efforts, the NHRC faces certain limitations. The Commission's recommendations are primarily advisory rather than having binding enforcement power, meaning government compliance depends on administrative action. Additionally, the NHRC cannot inquire into matters after one year has elapsed from the date of the alleged violation, and it relies on state and central government agencies for investigations, which may introduce potential bias in sensitive cases.​

The NHRC's multifaceted approach demonstrates a commitment to protecting children from abuse through legal, administrative, awareness, and rehabilitative measures, while working toward systemic reforms that strengthen India's child protection framework.

 LLM EXAM STUDY GUIDE

THE 4 PILLARS (IACE)

•             Investigation (Suo Motu + Monitoring)

•             Advocacy (Advisories & Recommendations)

•             Capacity Building (Training & Awareness)

•             Enforcement (Compensation & Accountability)

13 STEPS - ACRONYM METHOD: SIACMRPCRCMR

Step	Acronym	Full Name	Key Points
1	S	Suo Motu Action	Proactive intervention; Media-based cognizance; Notice to magistrates
2	I	Issuance of Advisories	31 advisories; CSAM focus; Replace “porn” terminology
3	A	Accelerate Law Enforcement	State police units in all states/UTs; Central specialized unit
4	C	Cyber Platform Regulation	Content moderation; Algorithm deployment; Section 79 compliance
5	M	Mandatory Awareness	School/college programs; Cyber curriculum; Parent sensitization
6	R	Rehabilitation & Support	Psycho-social care centers; District-level; Restorative care
7	P	Police & CCI Monitoring	Social audits; Staffing enhancement; SOP implementation
8	C	Customized Policies	Vulnerable groups; Transgender protection; Beggar decriminalization
9-10	R	Research & Capacity Building	33 workshops; Training modules; National databases
11	C	Compensation & Relief	Rs. 256.57 crore recommended; Section 18 PHRA, 1993
12	M	Multi-stakeholder Collaboration	NGO partnerships; Government coordination; Child safeguarding
13	R	Reforms & Legal Strengthening	Juvenile Justice Act amendments; Enhanced legal aid

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CSAM ADVISORY (MOST IMPORTANT FOR EXAM)

Date: October 27, 2023 Components: Four-Part Framework

1.          Terminology & Definition

–            Replace “child pornography” with “child sexual abuse material”

–            Clear definitions under Section 67B, IT Act, 2000

–            Emphasizes abuse, not content

2.          Platform Responsibility

–            Content moderation algorithms mandatory

–            Proactive detection and removal

–            End-to-end encryption protocols

3.          Law Enforcement Structure

–            Specialized state units in every state/UT

–            Centralized Central Police Unit

–            Functions: Identify offenders, maintain repository, analyze patterns

4.          Victim Support Infrastructure

–            Psycho-social care centers in every district

–            Stigma eradication programs

–            Multidisciplinary support approach

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STATUTORY FRAMEWORK - MEMORIZE THESE

Act/Law	Section	Relevance
Protection of Human Rights Act, 1993	Section 18	Compensation directives
Information Technology Act, 2000	Section 67B	CSAM definition
Information Technology Act, 2000	Section 79	Safe harbor provisions
Juvenile Justice Act, 2015	General	Reform recommendations focus
POCSO Act, 2012	General	Coordination with NHRC

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NHRC POWERS vs LIMITATIONS

POWERS (STRENGTHS)

✓ Suo Motu cognizance unlimited ✓ Issue recommendations (increasingly binding) ✓ Direct field inquiries ✓ Compensation recommendations ✓ Policy advisory issuance

LIMITATIONS (WEAKNESSES)

✗ Recommendations advisory, not binding ✗ One-year limitation on inquiry (Section 36A, PHRA) ✗ Depends on govt. agencies for investigation ✗ Risk of bias in sensitive cases ✗ Limited budget for implementation