In a landmark decision, the Supreme Court of India has ruled that downloading, storing, and viewing child pornography constitutes an offence under the Protection of Children from Sexual Offences (POCSO) Act. This verdict overturns a controversial Madras High Court order that had previously stated such actions were not punishable.
The case centred around S Harish, a 28-year-old Chennai resident, whose criminal proceedings for downloading child pornographic content were initially cancelled by the Madras High Court. However, the Supreme Court bench, led by Chief Justice DY Chandrachud and Justice JB Pardiwala, deemed this earlier judgment an “egregious error” and reinstated the criminal charges against Harish.
What Supreme Court say in child pornography verdict?
The Apex court ruling clarifies that not only is the creation and distribution of child pornography illegal, but the act of downloading and viewing such content is also a punishable offence. This decision aims to close potential loopholes in the interpretation of the POCSO Act and strengthen child protection measures.
In a progressive move, the Court has recommended replacing the term “child pornography” with “child sexually abusive and exploitative material” in legal contexts, directing other courts to adopt this terminology moving forward.
How did this verdict come to stand?
The verdict came in response to a plea filed by Just Rights for Children Alliance, represented by senior advocate HS Phoolka. The alliance argued that the Madras High Court’s original ruling could potentially encourage the consumption of child pornography and harm children’s welfare.
This ruling marks a significant step in India’s ongoing efforts to combat child exploitation and protect minors from sexual abuse. By clearly defining the illegality of accessing and possessing such material, the Supreme Court has sent a strong message about the seriousness of these offences and the need for stringent enforcement of child protection laws.
What does SC’s verdict underscore?
The decision underscores the importance of digital safety and the responsibility of individuals in the fight against child exploitation, setting a precedent that could influence future cases and legislation related to child protection in the digital age.
