Minor And Learner Guidelines

 

BISJHINTUS is an online learning platform that provides live classes to students and also allows teachers to build their own courses on the platform.  The courses start from class 6, hence there are minor students (who are below the age of 18). Therefore, we believe in the safety of all our students and we also recognize the value of giving minors the extra support they need during the interaction with their mentors. That is why the company has come up with the code of conduct guidelines for the minors and learners’ interaction.

This Minor & Learner Interaction Guidelines aims to define and lay down the expectations on behavior and your actions while interacting with minors on BISJHINTUS. Additionally, it will lay down the scope of application of this Minor & Learner Interaction Guidelines for reporting any issues relating to minors. It also lists down punishment for any child abuse and how this is to be strictly prohibited and not to be tolerated at any cost.

DEFINITIONS:

“Educators“ shall mean and include all users who are teaching or tutoring on the BISJHINTUS platform.

“Learners” shall mean and include all users (including Minors) who have bought the courses or are using the free materials.

"Mentors" shall mean and include all users who are providing the mentoring services on the BISJHINTUS platform to the Learners who have subscribed to such services or otherwise.

"Minor/s" or "Child/Children" shall mean and be construed in accordance with the Indian Majority Act, 1875, the Protection of Children against Sexual Offences Act, 2012 (POCSO Act, 2012), Child Labor (Prohibition and Regulation) Act, 1986 and such other applicable Indian laws i.e., the term shall mean and include all individuals who have not attained the age of 18 (eighteen) years.

“Minor & Learner Interaction Guidelines” shall mean this Minor & Learner Interaction - Code of Conduct Guidelines, on BISJHINTUS platform and includes all annexures and appendices attached thereto, if any and updates, changes and amendment as may be made by the Company and uploaded herein, from time to time.

RULES:

1. Every minor must be treated equally with dignity and respect, regardless of his/ her race, colour, gender, sexuality, language, religion, religious belief, heritage, etc.

2. The atmosphere of the classroom should be such that it develops and promotes the growth of all our students and they feel safe. No minor should be subject to any kind of harassment whatsoever.

3. Communication is the key to personal and career success. Good communication involves listening and talking in ways that minors understand and feel heard, important and valued. Using any form of language or behaviour towards Minor that is inappropriate, demotivating, harassing, abusive sexually provocative, demeaning, intimidating, offensive, discriminatory or culturally insensitive shall not be tolerated.

4. Any communication or behaviour while interacting with Minor shall not, in any manner whatsoever induce or support physical or sexual relationships or portray use of restricted substances.

5. The materials shared by you must be fair and plagiarism free and your interaction with a Minor on BISJHINTUS should be specific to the purpose of your engagement with such Minor and accordingly, information shared with such Minor should be strictly applicable and relatable to the subject-matter being discussed in class between the instructor and the student.

6. Unless recording is done by the BISJHINTUS Platform as part of the BISJHINTUS Platform offering, you shall not record or otherwise store the interaction and / or sessions between you & the Minor and/ or their parents/ legal guardian.

7. Educators/ Mentors/ other users having entered into an agreement with the Company to teach or otherwise use  BISJHINTUS to communicate with, the Learners (including Minors) are bound to fulfil their obligations in person (i.e., by themselves) and not assign or sublicense the same to another person.

8. Keep a very strict relation with your student at all times consisting of mutual respect, privacy, professionalism and loyalty. Any other kind of communication is strictly forbidden other than that for teaching purposes.

9. If there are any training sessions and workshops conducted by the Company, you must attend the same and ensure that you implement the lessons learned from such sessions and workshops during your interaction in class with the students.

10. This Minor & Learner Interaction Guidelines shall apply to all Educators, Mentors and any user on the BISJHINTUS Platform, who interact with Minors on or through any feature on the platform.

11. All Educators, Mentors, Learners and any other users interacting with Minors, in any capacity, on or through any feature on the BISJHINTUS Platform shall adhere to this Minor & Learner Interaction Guidelines. Any violation of this Minor & Learner Interaction Guidelines amounts to termination of your account, subscription or agreement with the Company, as the case may be and the Company also reserves the right to initiate appropriate legal proceedings against you if it deems necessary.

WHAT CONSTITUTES CHILD ABUSE?

Child abuse or maltreatment constitutes all sorts of physical and/or emotional ill-treatment, sexual assault, neglect or negligent treatment or commercial or other exploitation, leading to actual or potential harm to the child’s health, survival, development or dignity within the context of a relationship of responsibility, trust or power.

• Physical abuse: The intentional use of physical force against a toddler that leads to or features a high likelihood of leading to harm to the child’s health, survival, development or dignity. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating.
• Emotional/ mental abuse: Emotional abuse includes the failure to supply a developmentally appropriate, supportive environment, where the kid can develop a stable and full range of emotional and social competencies. Acts include restriction of movement, patterns of belittling, denigrating, scapegoating, threatening, scaring, discriminating, ridiculing or other non-physical sorts of hostile or rejecting treatment.
• Neglect and negligent treatment: Neglect is the failure on the part of the guardian, teacher/ educators/ mentors, or other responsible party to supply for the Child’s basic needs, like food, shelter, medical aid, educational opportunities, or protection and supervision.
• Exploitation: Commercial or other exploitation of a toddler refers to use of the kid in work or other activities for the advantage of others. These activities are to the detriment of the Child’s physical or psychological state , education, or spiritual, moral or social-emotional development. the kid Labour (prohibition and regulation) Act, 1986 and therefore the Protection of youngsters from Sexual Offences Act, 2012
• Sexual assault: Sexual abuse is an act or behaviour which constitutes a sexual offence under the Protection of youngsters from Sexual Offences Act, 2012 (‘POCSO Act, 2012’), as amended from time to time. An abetment of and even an effort to commit a sexual offence under the POCSO Act, 2012 also are considered to be offences.

 

Legal Implications of Online Child Abuse:

This Minor and Learner Interaction Guidelines has only highlighted a couple of circumstances of kid Abuse and therefore the legal implications thereto with an intention to offer you a quick insight on the probable consequences of mis-utilizing the BISJHINTUS Platform.

1.  Juvenile Justice (Care and Protection of Children) Act, 2015: it's to be noted that the Juvenile Justice (Care and Protection of Children) Act, 2015 criminalizes acts which will cause a toddler mental or physical suffering. As per section 75 of the Act, whoever, having the particular charge of, or control over, a Child, assaults, abandons, abuses, exposes or willfully neglects the kid or causes or procures the kid to be assaulted, abandoned, abused, exposed or neglected during a manner likely to cause such Child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which can reach three years or with fine of 1 lakh rupees or with both.

2.  Sexual Harassment: POCSO Act, 2012 recognizes harassment as a punishable offence;

‘Sexual Harassment’ as per Section 11 of the POCSO Act, 2012 is any act of an individual done/committed with a sexual intent and such acts include –

• Uttering of any word or making sounds, or gestures or exhibiting any object or a part of body with the intention that such word or sound shall be heard, or such gesture or object or a part of body shall be seen by the Child; or
• Making a toddler exhibit his/her body or any a part of his/her body so because it is seen by such person or the other person; or showing any object to a toddler in any form or media for pornographic purposes; or
• Repeatedly or constantly following or watching or contacting a toddler either directly or through electronic, digital or the other means; or
• Threatening to use, in any sort of media, a true or fabricated depiction through electronic, film or digital or the other mode, of any a part of the body of the kid or the involvement of the kid during a sexual act; or
• Enticing a toddler for pornographic purposes or gives gratification therefor.

3. Section 12 of the POCSO Act, 2012 states that an act of harassment upon a toddler shall be punished with either imprisonment for a term up to 3 years or fine or both.

4. Section 67, IT Act, 2000: It punishes sharing obscene material in electronic form. The punishment is often jail for five years and a fine of Rs 10 lakhs.

5. Section 67A, IT Act, 2000: It punishes sharing material containing sexually explicit act in electronic form with jail for seven years and a fine of Rs 10 lakhs.

WE ARE ALWAYS HERE TO HELP:

While it is important that you do not commit or cause to commit an act prohibited under this Minor and Learner Interaction Guidelines and any applicable laws relating to Child Abuse, it is also very important that they do not remain bystanders when they encounter online abuse and exploitation. In fact, being aware of a child abuse case and not reporting it is illegal under the POCSO Act, 2012.           

In the event that you suspect any form Child Abuse from your interaction with the Minor Learner, then you must write to ‘adoreforgrowth@bisjhintus.com’, so that the necessary actions can be taken by the Company. The company takes these matters with utmost seriousness and immediate steps would be taken if any such complaint is received. We are dedicated towards the well-being of our students and they are our first priority always.