Supreme Court of India Urges Parliament to Amend POCSO Act
The Supreme Court of India has called on Parliament to amend the Prevention of Children from Sexual Offences (POCSO) Act to replace the term ‘child pornography’ with ‘child sexual exploitative and abusive material’ (CSEAM). The court emphasized that watching and downloading child pornography are offenses under the POCSO Act and information technology law.
The Supreme Court overturned a Madras High Court decision that had ruled downloading and watching child pornography was not an offense under POCSO. Chief Justice of India DY Chandrachud and Justices JB Pardiwala stated that the High Court had committed an ‘egregious error’ in its judgment.
The court suggested that the Union government could bring in an Ordinance to enact the amendment while Parliament considers the change. The court directed all judicial bodies to use the term CSEAM instead of ‘child pornography’ in their orders and judgments.
The Supreme Court also ruled that merely watching and storing child pornography on digital devices could be an offense under the POCSO Act if there was an intention to share, transmit, or gain commercially from it. The court noted that not deleting or reporting such material indicates an intention to transmit.
The court made several recommendations to the Centre, including implementing comprehensive sex education programs to help youth understand consent and the impact of exploitation. It also suggested public awareness campaigns to reduce the prevalence of child sexual exploitation and encourage community vigilance.
The ruling came after NGOs Just Rights for Children Alliance and Bachpan Bachao Andolan appealed against a Madras High Court order that had quashed charges against a man for downloading child pornography. The Supreme Court’s decision aims to more accurately reflect the reality of such offenses and protect children from exploitation.
Doubts Revealed
Supreme Court of India -: The Supreme Court of India is the highest court in the country. It makes important decisions about laws and justice.
Parliament -: Parliament is where laws are made in India. It has two parts: the Lok Sabha and the Rajya Sabha.
POCSO Act -: The POCSO Act is a law in India to protect children from sexual abuse. POCSO stands for Protection of Children from Sexual Offences.
child pornography -: Child pornography is illegal material that shows children in a sexual way. It is harmful and against the law.
CSEAM -: CSEAM stands for Child Sexual Exploitative and Abusive Material. It is a new term suggested to replace ‘child pornography’ to better describe the harmful content.
IT law -: IT law refers to laws related to Information Technology. These laws help control what people can do online, like stopping illegal activities.
Madras High Court -: The Madras High Court is a high court in the state of Tamil Nadu. It makes important legal decisions for that region.
comprehensive sex education -: Comprehensive sex education teaches people about their bodies, relationships, and safety. It helps them understand and protect themselves from harm.
public awareness campaigns -: Public awareness campaigns are efforts to inform people about important issues. They help people learn and take action to solve problems.
