Read Time: 06 minutes

Synopsis

The Supreme Court has said promoting a comprehensive understanding of sex education's benefits is essential given India's growing population.

"It is of paramount importance that we begin to address misconceptions around sexual health, and promoting a comprehensive understanding of sex education's benefits is essential for improving sexual health outcomes and reducing the incidence of sexual crimes in India. This is especially crucial given India's growing population....", the Supreme Court has observed.

Justice JB Pardiwala has highlighted that in India, the misconceptions about sex education are widespread and contribute to its limited implementation and effectiveness.

"Many people, including parents and educators, hold conservative views that discussing sex is inappropriate, immoral, or embarrassing. This societal stigma creates a reluctance to talk openly about sexual health, leading to a significant knowledge gap among adolescents", he has added.

On the common belief that sex education is a Western concept that does not align with traditional Indian values, the top court has said, "This view has led to resistance from various state governments, resulting in bans on sex education in schools in some states. This type of opposition hinders the implementation of comprehensive and effective sexual health programs, leaving many adolescents without accurate information. This is what causes teenagers and young adults to turn to the internet, where they have access to unmonitored and unfiltered information, which is often misleading and can plant the seed for unhealthy sexual behaviours".

Supreme Court of India has made these observations while pronouncing a landmark verdict holding that mere storage or possession of any pornographic material involving a child when done with a specific intent, without requiring any actual transmission, dissemination etc, is an offence under the Protection of Children from Sexual Offences Act, 2012.

Top court has also set aside the Madras High Court's judgment quashing the case registered against a 28-year-old man for downloading child pornography. "We are left with no other option but to set aside the impugned judgment and order passed by the High Court, and restore the criminal proceedings in Spl. S.C. No. 170 of 2023 to the court of Sessions Judge, Mahila Neethi Mandram (Fast Track Court), Tiruvallur District....", the supreme court has ordered.

The man was booked for the offences under Sections 67-B of the Information Technology Act, 2000, and 14(1) of the Protection of Child from Sexual Offences Act, 2012.

Madras High Court in the impugned judgement had observed that Generation Z children are grappling with the serious problem of porn addiction. It added that instead of damning and punishing them, "the society must be mature enough to properly advise and educate them and try to counsel them to get rid of that addiction". The bench of Justice N Anand Venkatesh stressed that such education must start from the school level since exposure to adult material starts at that stage itself. 

Case Title: JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. vs. S. HARISH & ORS.