The Indian Supreme Court considered the act of watching and downloading child pornography as an offense under the Protection of Children from Sexual Offences Act (POCSO Act). The High Court statement was declared on Monday, September 23.

The ruling of the Indian Supreme Court overturned a previous judgment by the Madras High Court. The ruling stated that downloading and watching child pornography on digital devices did not qualify as an offense.

What is the Protection of Children from Sexual Offences (POCSO) Act?

In 2012, the lawmakers established the Protection of Children from Sexual Offences (POCSO) Act. The act serves as a robust legal framework in India aiming to protect children from sexual abuse and exploitation.

The act specifically safeguards individuals under the age of 18 from a range of sexual offenses. The sexual offenses encompass sexual assault, harassment, and pornography.

Origin of the Madras Case

The case originated in January when the Madras High Court acquitted S Harish, a 28-year-old man who had been charged with downloading and viewing child pornography on his mobile phone. The high court ruled to consider Harishs actions as an offense under Section 67-B of the Information Technology Act, 2000. For an offense, he would have had to publish, transmit, or create material that depicted children in a sexually explicit act or conduct.

The high court declared that merely watching child pornography did not constitute an offense under the specified section.

What Was the Supreme Court Take on the Issue?

A panel of the Supreme Court led by Chief Justice of India (CJI) DY Chandrachud and Justice Pardiwala considered the High Courts judgment an egregious error. The panel overturned the decision and reinstated the criminal prosecution. The Supreme Court further clarified that according to Section 15 of the POSCO Act, storing or viewing child pornography could be an offense, if there was an intention to share or transmit the same.

The court provided a detailed explanation regarding the levels of mens real (criminal intent) required for such an act to be classified as an offense under section 15 of the POCSO Act. The court emphasized that the storage of such pornographic material shows a clear intention to gain an advantage or make a profit.

Call for Legislative Changes

The Supreme Court’s judgment highlighted the need for legislative reforms. It urged the Indian Parliament to amend the POSCO Act by substituting the term “child pornography” with “Child Sexual Exploitative and Abusive Material” – a phrase that more accurately conveys the severe nature of the crime.

What Was the Role of NGOs in the Case?

The judgment came in response to a petition filed by the NGO Just Rights for Children. It works and advocates for the welfare of children. The NGO demanded that the High Court’s order be overturned, and appropriate directives be provided regarding the case. Another NGO ‘Bachpan Bachao Andolan’ , located in Delhi, also supported the petition.

By overruling the Madras High Courts decision, the Supreme Court has called for a more robust legal framework to protect children from sexual exploitation. The judgment also underscores the essential role of the judiciary in steering important legislative reforms.