Watching ‘child sex abuse’ material an offence: SC
Context
Recently, the Supreme Court of India held that watching, downloading, storing, distributing or displaying pornographic material that involves children is a criminal offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.
- Earlier, Madras High Court had passes a decision that mere possession or storage of child pornographic material was not punishable under these laws.
- The appeal was done by the NGO Just Right for Children Alliance.
- This ruling came in response to the previous judgement of the Madras High court.
Relevance:
GS-02 (Indian Polity)
What Was the Judgment About?
- The SC highlighted that holding on to such pornographic material perpetuates the abuse long after the act has occurred, as it could be circulated and even consumed on digital platforms.
- It was noted that the victims would undergo a deep psychological trauma which adds to the original abuse.
- The SC directed the parliament to amend the POCSO Act to replace the term “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM), noting that the term “child pornography” trivializes the serious nature of the crime.
- Meanwhile, it asked Parliament to pass an ordinance in the interim to enforce this change and directed all courts to use the term CSEAM in their rulings.
Significance of the Judgment
- Child Protection and Accountability: It widens the scope of criminal liability to protect children against sexual exploitation.
- Holistic Approach to Child Abuse: By replacing the term “child pornography” with CSEAM, the court re-enforced that this act does not fall under the ambit of pornography, but rather a form of child sexual exploitation and abuse.
- Prevention of Exploitation: to ensure that that are no loose-ends, the court made it clear that mere possession of such material can be held as criminally liable even if they claim no intent to distribute or transmit it.
- Constructive Possession Doctrine: The concept of “constructive possession” was introduced. It ensures to not let people evade responsibility by deleting content after viewing it. It holds them accountable for having the ability to access, control, or delete such materials.
Conclusion
It is a landmark judgement and a crucial step in fighting against the sexual exploitation of children. The judgement aims to widen the scope of the definition of criminal acts involving child sexual exploitation material and advocates to bring changes in the legal framework, which supports victims and deter potential offender. The judgment highlights the commitment to uphold child rights in India.
