New Delhi, [Date]: In a landmark decision, the Supreme Court of India has declared that both viewing and downloading child pornography constitute a criminal offense, overturning a controversial ruling by the Madras High Court. The apex court’s ruling emphasizes the seriousness of child exploitation and the need for stringent legal measures to protect minors.
The bench, comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra, found the Madras High Court’s earlier decision inadequate in addressing the gravity of child sexual abuse. The High Court had stated that downloading and viewing child pornography were not offenses under the Protection of Children from Sexual Offences (POCSO) Act or the Information Technology Act, a position that raised significant concerns among legal experts and child rights activists.
In its judgment, the Supreme Court reiterated the need for a robust legal framework to combat child sexual abuse, underlining that any material depicting child pornography poses severe risks to children and society at large. The court emphasized that viewing such content perpetuates the exploitation of minors and cannot be tolerated.
Recommendations for Legislative Change
Additionally, the Supreme Court has recommended that the central government amend the POCSO Act. The court suggested replacing the term “child pornography” with “Child Sexually Abusive and Exploitative Material” (CSAEM) to more accurately reflect the nature of the crime and enhance the seriousness with which such offenses are treated.
This decision marks a significant step forward in the fight against child exploitation in India, reinforcing the legal stance that all forms of child sexual abuse, including viewing and downloading inappropriate material, are serious offenses deserving of stringent punishment.
As this ruling sets a precedent, it is expected to have far-reaching implications for the prosecution of child sexual abuse cases and the protection of children’s rights in the country.