Protest against Child Porn in Bangalore
Protest against Child Porn in Bangalore
Litigation News

"Who are you to tell the Court that there are no instances of child pornography?" Karnataka HC to child care Institution

Rintu Mariam Biju

The Karnataka High Court today directed the Crime Investigation Department (CID) to submit a report on the investigation carried out into instances of child pornography, as recorded in a report filed by the Ministry of Women and Child Development on prevalence of child pornography in child care institutions.

The Court was informed by state counsel today that necessary measures are taken by the State to train the police officers in carrying out such investigation and registration of FIR, as called for in the case of Lalitha Kumari.

In an earlier order passed last month, the Karnataka High had directed the state to take up remedial measures to train police officers when it comes to the registration of FIR. In order to set right the issue at hand, the High Court opined that training must be provided to the police department right from top to bottom.

The matter will be next heard on March 10, 2020.

While dealing with the matter today, a Division bench of Chief Justice Abhay Sreeniwas Oka and Justice Hemant Chandangoudar noted that the a child care institution, the Don Bosco Child Care, had submitted an Intervention Application to deny any instances of child pornography at the institution. The Court, however, remarked,

You can’t give a certificate stating that there are no instances of child pornography. It is a matter of investigation. You are not the police. Who are you to tell the Court that there are no instances of child pornography? It looks like this institution wants to guard somebody.
Karnataka HC to Don Bosco Child Care

The Court opined that the intention of Don Bosco is not bonafide. Further, the Court observed that the institution was generating documents after the registration of FIR to save their skin. Met with this response, the counsel appearing for the institution sought the permission of the Court to withdraw the application.

The High Court has now directed the CID to submit a report of the investigation carried out in the matter by March 7.

The Karnataka High Court had earlier sought a response from the state government regarding allegations that the police have not registered a single FIR, although 113 instances of child pornography was reported in the state in 2018.

In an earlier order passed last month, the Karnataka High had directed the state to take up remedial measures to train police officers when it comes to the registration of FIR. In order to set right the issue at hand, the High Court opined that training must be provided to the police department right from top to bottom.

The matter will be next heard on March 10, 2020.

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