New Delhi, September 26, 2024: In a landmark ruling, the Supreme Court of India has reversed a contentious decision made by the Madras High Court earlier this year, which had stated that viewing child pornography on personal devices does not constitute a crime. The Supreme Court has clarified that under the Protection of Children from Sexual Offenses (POCSO) Act, 2012, both viewing and retaining such material on digital devices are indeed criminal acts.
The ruling was delivered by a bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala, following a petition by the NGO “Just Right for Children Alliance,” which challenged the earlier High Court ruling. The case revolved around a 28-year-old man, S. Harish, accused of downloading and viewing two pornographic videos involving children.
The Madras High Court had previously dismissed the charges under the POCSO and IT Acts, arguing that the law applies only when such content is shared and that it must be proven that a child was involved in the creation of the videos. However, the Supreme Court emphasised that possessing such material without deleting it or reporting it constitutes a crime.
Legal experts have largely welcomed the Supreme Court’s decision, asserting that the earlier ruling was misguided. Alok Prasanna, co-founder of the Vidhi Centre for Legal Policy, noted that the Supreme Court has made it clear that viewing such content is a punishable offense under the POCSO Act.
Additionally, the court has introduced the concept of “inchoate offenses,” indicating that even merely viewing such material can imply possession, which is prosecutable under the law. This decision aligns with international standards, as India is obligated under the United Nations Convention on the Rights of the Child to combat the exploitation of children in pornography.
In a significant shift, the Supreme Court has directed all Indian courts to replace the term “child pornography” with “Child Sexual Exploitative and Abusive Material (CSEAM).” It has also urged the Ministry of Women and Child Development to seek amendments to the POCSO Act to incorporate this new terminology.
The court’s directives include recommendations for awareness campaigns about the POCSO Act, sexual education programs addressing CSEAM, and psychological support for offenders and youths exhibiting problematic sexual behavior. This comprehensive approach aims to bolster legal protections for children in India, creating a safer environment free from sexual exploitation.