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Synopsis

The Supreme court of India has put courts to notice that the term “child pornography” shall not be used in any judicial order or judgment, and instead the term “child sexual exploitative and abuse material” (CSEAM) should be endorsed.

Court has further asked the Parliament to seriously consider bringing about an amendment to the POCSO for the purpose of substituting the term “child pornography” that with “child sexual exploitative and abuse material” (CSEAM) with a view to reflect more accurately on the reality of such offences.

"The Union of India, in the meantime may consider to bring about the suggested amendment to the POCSO by way of an ordinance", Justice Pardiwala has said.

A further suggestion has been made to the government on implementing comprehensive sex education programs that include information about the legal and ethical ramifications of child pornography can help deter potential offenders. "These programs should address common misconceptions and provide young people with a clear understanding of consent and the impact of exploitation", top court has added.

Court has further said that Union of India may consider constituting an Expert Committee tasked with devising a comprehensive program or mechanism for health and sex education, as well as raising awareness about the POCSO among children across the country from an early age, for ensuring a robust and well-informed approach to child protection, education, and sexual well-being.

These suggestions have been made by the Supreme Court of India, 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.