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Synopsis

The Delhi High Court has issued directives to pertinent stakeholders, including schools, colleges, the Delhi State Legal Services Authority, and the Delhi Judicial Academy, to integrate education on ‘Virtual Touch’ alongside traditional understandings of ‘Good Touch’ and ‘Bad Touch’. 

Consequently, the court underscored the imperative for these stakeholders to include in their curriculum not only education pertaining to good and bad touch but also awareness concerning virtual touch and its potential ramifications and risks.

The bench of Justice Swarana Kanta Sharma held, “Focusing not only on the traditional concepts of ‘Good’ and ‘Bad Touch’ but also on the emerging concept of ‘Virtual Touch’ and its potential dangers. This Court, therefore, emphasizes that the concerned stakeholders should include in their curriculum apart from the education about good touch and bad touch the virtual touch and its repercussions and danger”. 

The case stemmed from an FIR filed by a 16-year-old girl named ‘S’ along with her mother ‘X’ alleging that she was abducted by a boy, named Rajiv, whom she had met through social media. She claimed that she was confined in a room for 20-25 days, where she was subjected to sexual and physical assault. She further claimed that Rajiv’s Mother (Kamlesh Devi) also abetted him in the offence. Kamlesh Devi approached the court seeking bail. 

Kamlesh Devi, represented by Advocate Amit Prasad, asserted that she had been wrongly accused in the case. She argued that the FIR did not indicate her involvement in any way. Additionally, it was claimed that the statement of ‘S’ recorded under Section 164 CrPC did not attribute any specific role to Kamlesh Devi. It was also argued that there were significant discrepancies between the statements of ‘S’ recorded under Sections 161 and 164 of the CrPC, suggesting that ‘S’ was falsely incriminating Kamlesh Devi.

The State, represented by Additional Public Prosecutor Manoj Pant, vehemently opposed the bail application, citing the serious nature of the alleged offences. It was further contended that granting bail to Kamlesh Devi could potentially lead to intimidation or influence of other witnesses.

The court noted that the 16-year-old girl was allegedly kidnapped by a man through social media. She was confined in a room for 20-25 days while being sexually assaulted. She was also forced into marriage with a 45-year-old man against her will, in exchange for a sum of money. 

The court emphasized, “In today’s virtual modern world where virtual space has also become a priding ground of alleged virtual affections between teenagers, the teenagers 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”. 

The court underscored the pressing need to address the increasing occurrence of cybercrime, where perpetrators exploit the online realm to target innocent individuals for their illicit activities. 

The court noted that protecting minors from harm primarily involved educating them about ‘good touch’ and ‘bad touch’ in the physical domain. However, in the contemporary digital landscape, it is imperative to broaden this educational scope to include the concept of ‘Virtual Touch’. Minors should be provided with the necessary knowledge and resources to navigate online interactions securely and identify potential dangers inherent in cyberspace.

Instructing minors on the concept of ‘Virtual Touch’ encompassed educating them on proper online conduct, identifying indicators of predatory behavior, and comprehending the significance of privacy configurations and digital boundaries, the court highlighted.

“Just as children are taught to exercise caution in the physical world, efforts must be made taken to teach them to develop critical thinking skills to assess the credibility of online contacts and safeguard their personal information”, the court further emphasized. 

Moreover, the bench observed that caregivers, encompassing both parents and educators, played a crucial role in fostering digital literacy and promoting responsible online conduct among minors. They facilitated transparent communication and offered guidance on navigating the digital landscape, empowering children to make informed decisions and protect themselves from online dangers.

The court underscored the significance of integrating education on virtual touch and its repercussions into their curriculum alongside teachings on good and bad touch. 

Accordingly, the court rejected bail for Kamlesh Devi. 

Case Title: Kamlesh Devi v State Of Delhi Nct & Anr. (2024:DHC:3633)