Table of Contents
Introduction
The article published in the editorial section of The Hindu Newspaper talks about the recent Supreme Court judgement in relation to the POCSO Act that even viewing child pornography is punishable under the law.
What is POCSO Act?
POCSO Act was passed in 2012, The act aims to safeguard children under the age of 18 years against sexual harassment or abuse.
To learn more about the POCSO Act you can also view
Article Explanation
The Supreme Court of India has delivered a pivotal ruling regarding the legal repercussions of accessing or storing sexual content involving children which is in line with the letter and spirit of the POCSO Act. This decision is consistent with the Protection of Children from Sexual Offences (POCSO) Act, which is specifically designed to safeguard children from sexual abuse and exploitation. The ruling comes in response to the increasing availability of child exploitation material online and aims to clarify the law around the culpability of individuals who access such content.
One of the key points made by the Court is the recommendation to change the terminology used in legal contexts. The Court argued that the term “child pornography” should be avoided because it can trivialize the severity of the crime. Instead, they proposed using the term “Child Sexual Exploitative and Abuse Material” (CSEAM). This new term better captures the gravity of the offences involved in the exploitation of children for sexual gratification.
The Supreme Court’s ruling also sought to resolve confusion arising from differing opinions among lower courts about whether merely viewing child sexual material constitutes a crime. For example, a ruling from the Madras High Court previously stated that it was not a crime to view such content in private, as the law only criminalized the creation and dissemination of this material. The Supreme Court firmly disagreed with this interpretation and overturned the Madras High Court’s decision, establishing that viewing child sexual exploitative material is indeed punishable under the law.
To further clarify the legal stance, the Court introduced the doctrine of “constructive possession.” This means that if a person views illegal child sexual content online, they can still be considered to have possession of it, even if they do not physically store or download it on their device. The ruling asserts that having control over this material through access is sufficient for it to be classified as possession, which is punishable under Section 15 of the POCSO Act. Additionally, if an individual fails to delete or report such content after viewing it, the Court suggested that this inaction could imply an intent to share the material, which is also a punishable offense.
Moreover, the Supreme Court emphasized the need for a broad interpretation of the law to ensure that all forms of cyber offences related to child exploitation are addressed. The Court cautioned against a narrow interpretation of legal provisions that could undermine the legislative intent to penalize such offenses. It highlighted Section 67B of the Information Technology (IT) Act as a comprehensive legal framework aimed at punishing various forms of online exploitation and abuse of children. The Court also reminded online platforms and intermediaries of their responsibility to remove harmful content and to report it to the appropriate authorities.
Lastly, the Court recommended that the government implement comprehensive sex education programs that include discussions on the legal and ethical ramifications of child pornography. This suggestion underscores the importance of educating the public about the serious nature of child exploitation and the legal consequences associated with it.
In conclusion, the Supreme Court of India has made it clear that even accessing or viewing child sexual exploitation material online can lead to legal consequences. The ruling reinforces the need for robust protections for children against sexual exploitation and aims to ensure that society recognizes the seriousness of these issues. By clarifying the law and recommending educational initiatives, the Court is taking a significant step towards enhancing the protection of vulnerable children in the digital age.
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The Editorial Page of The Hindu is an essential reading for all the students aspiring for UPSC, SSC, PCS, Judiciary etc or any other competitive government exams.
This may also be useful for exams like CUET UG and CUET PG, GATE, GMAT, GRE AND CAT
To read this article in Hindi –https://bhaarat.hellostudent.co.in/