Teaching minors 'good touch', 'bad touch' not enough, educate them on 'virtual touch': HC
New Delhi (PTI): Teaching minors about ‘good touch’ and ‘bad touch’ is not enough in today’s virtual world and children must be educated on the emerging concept of ‘virtual touch’ and its potential dangers, the Delhi High Court has said.
This involves teaching them appropriate online behaviour, recognising warning signs of predatory behaviour and understanding the importance of privacy settings and online boundaries.
“This court is constrained to note that in today’s virtual modern world where virtual space has also become a breeding ground of alleged virtual affections between teenagers, they are not equipped to deal with the potential dangers of human trafficking for prostitution and other side of crimes which exists in the virtual world,” Justice Swarana Kanta Sharma said on Monday.
The high court’s observations came while dismissing a bail plea by a woman, Kamlesh Devi, accused of helping her son in sexually assaulting a minor girl after kidnapping her and forcing her into prostitution.
The 16-year-old was allegedly kidnapped by Rajiv who befriended her on social media and kidnapped her when she came to meet him. The girl was taken to Madhya Pradesh and confined there for several days. She was allegedly sexually assaulted by the man and others.
It was also alleged that the girl was forced to marry a 45-year-old man in exchange for money. The teen alleged that the accused persons would bring various men to the premises where she was confined and she was forced to present herself to these men for sexual gratification.
“Traditionally, efforts to protect minors from harm have focused on teaching them about 'good touch' and 'bad touch' in the physical realm. However, in today's virtual world, it is crucial to extend this education to encompass the concept of 'virtual touch'. Minors must be equipped with the knowledge and tools to navigate online interactions safely and recognise potential risks lurking in cyberspace,” the court said.
It added that just as children are taught to exercise caution in the physical world, efforts must be made to teach them to develop critical thinking skills to assess the credibility of online contacts and safeguard their personal information.
“Moreover, parents, guardians and educators play a crucial role in fostering digital literacy and promoting responsible online conduct among minors. By fostering open communication channels and providing guidance on navigating the digital landscape, adults can empower children to make informed decisions and protect themselves from online threats,” the court said.
It said the need of the hour is also to send a message through this order to stakeholders such as schools and colleges, Delhi State Legal Services Authority and Delhi Judicial Academy to hold programmes, workshops and conferences on the matter.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
