25-September-2024-Special-Article

SUPREME COURT RULING ON CHILD PORNOGRAPHY UNDER THE POCSO ACT, 2012

The Supreme Court of India recently ruled that possessing or watching sexually explicit content involving minors is a punishable offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012. This judgment emphasizes the illegality of child pornography, even if the material is not shared or distributed further.

The ruling overturns a previous decision by the Madras High Court, which had suggested that private viewing of such material without redistribution did not constitute an offence. This ruling marks a significant step in safeguarding children from sexual abuse and exploitation.

Key Highlights of the Supreme Court Ruling

Redefinition of Terminology

• The Supreme Court recommended that the term “child pornography” be replaced with “child sexual exploitative and abuse material” (CSEAM).
• The term “pornography” is typically associated with consensual adult content, which does not accurately capture the severity of child sexual exploitation. This change in terminology underscores the need for a more appropriate understanding of child abuse and exploitation.

Expansion of Section 15 of the POCSO Act, 2012

The ruling expanded the scope of Section 15 of the POCSO Act, which deals with the storage of child sexual abuse material. It introduced a broader and stricter interpretation, outlining three main offences:

• Possession Without Reporting: Anyone in possession of child sexual exploitative material must report it to the authorities or delete it. Failure to do so is punishable under Section 15(1).
• Intent to Transmit or Distribute: Those found possessing such content with the intent to transmit, display, or distribute it (except for reporting) are punishable under Section 15(2).
• Commercial Possession: Storing child sexual exploitative material for commercial purposes is punishable under Section 15(3), which carries the most severe penalties.

Inchoate Offences

• The court categorized offences under Section 15 as “inchoate offences.” These are preparatory actions that indicate an intent to commit a further crime, such as storing or possessing content with the potential for further abuse.

Redefinition of Possession

• The court broadened the definition of “possession” to include constructive possession, meaning that even if someone does not physically hold the material, they can still be held accountable if they have the ability to control it and are aware of that control.
• For example, watching child sexual abuse content online without downloading it still constitutes possession. Similarly, if someone receives a link to such material and fails to report it after viewing it, they can be held accountable under the law.

Educational Reforms

• The court urged the government to promote comprehensive sex education in schools to break the stigma around discussions of sexual health and relationships.
• The suggested curriculum should cover topics such as consent, healthy relationships, gender equality, and respect for diversity, aiming to foster a healthier societal attitude toward sex and relationships.

Awareness About the POCSO Act, 2012

• Sections 43 and 44 of the POCSO Act, 2012, mandate that both the central and state governments, as well as the National Commission for Protection of Child Rights (NCPCR), should ensure widespread awareness of the provisions of the Act.
• The ruling encourages greater efforts to inform the public and institutions about the legal framework protecting children from sexual exploitation.

Formation of an Expert Committee

• The court recommended the establishment of an expert committee to design comprehensive programs for health and sex education and to improve awareness of the POCSO Act.
• This committee would be tasked with devising strategies for better prevention, education, and intervention in cases of child sexual exploitation.

Victim Support and Awareness

The judgment stressed the need for effective support systems for victims of child sexual exploitation.

• This includes providing access to psychological counselling, therapeutic interventions, and educational support for victims, ensuring their long-term recovery.
• Programs such as cognitive behavioural therapy (CBT) were highlighted as potential tools to help offenders address the cognitive distortions that contribute to exploitative behaviour.

Status of Crimes Against Children in India

Booming Market for Child Sexual Abuse Material

• India has become one of the leading countries in the world for online child sexual abuse material, as reported by the National Centre for Missing and Exploited Children (NCMEC).
• Between April and August 2024, Indian users uploaded over 25,000 images and videos of child abuse, demonstrating the widespread nature of the issue.

Geographical Distribution

• According to reports, Delhi has the highest number of child pornography uploads, followed by Maharashtra, Gujarat, Uttar Pradesh, and West Bengal.

Increased Circulation

• As per the National Crime Records Bureau (NCRB) report of 2023, there has been a significant rise in cases involving child sexual abuse material.
• In 2022 alone, over 1,171 cases were recorded for the dissemination of inappropriate content featuring minors.

The POCSO Act, 2012:

About the Act

• The POCSO Act was enacted to combat sexual exploitation and abuse of children, with anyone under the age of 18 classified as a child.
• The Act was introduced following India’s ratification of the UN Convention on the Rights of the Child in 1992.

Gender-Neutral Nature

• The Act applies equally to boys and girls, ensuring that sexual abuse is treated as a serious offence regardless of the victim’s gender.

Confidentiality of Victims

• The identity of child victims must be kept confidential, with strict rules preventing the media from revealing any details that could lead to the identification of the victim.

Mandatory Reporting

• Sections 19-22 of the Act require anyone aware of child sexual abuse to report it to the appropriate authorities, failure of which is punishable.

Gaps in Implementation

Despite the comprehensive provisions of the POCSO Act, implementation remains a challenge:

• Lack of Support Persons: The majority of victims are not provided with “support persons,” who are supposed to help them navigate the legal process.
• Insufficient POCSO Courts: Not all districts have designated POCSO courts. As of 2022, only 408 such courts had been established.
• Shortage of Special Public Prosecutors: There is also a lack of trained Special Public Prosecutors to handle these sensitive cases effectively.

Conclusion

The Supreme Court’s ruling represents a crucial step in strengthening protections for children against sexual exploitation in India. By broadening the definition of offences under the POCSO Act, the court has set a precedent for stricter enforcement and accountability.

However, for the law to be fully effective, there needs to be a coordinated effort from all stakeholders—government, law enforcement, educators, and society—to create a safer environment for children and prevent such crimes from occurring.

Mains Question:

2012. “Discuss the recent Supreme Court ruling under the Protection of Children from Sexual Offences (POCSO) Act, 2012. (150 WORDS)