The Supreme Court said on Tuesday, September 24, that it is wrong to consider sex education as a western concept. It does not increase immorality among the youth. So its education is very important in India.
The court said that people believe that sex education is against Indian values. For this reason, many states have banned sex education. Due to this opposition, the youth do not get accurate information. Then they turn to the Internet, where misleading information is often found.
A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra made the remarks while rejecting the Madras High Court's decision. Downloading and viewing child pornography is an offense under the POCSO and IT Act, the court said on Monday.
In fact, the Madras High Court held that if one downloads and views such material, it is not an offense unless there is an intention to broadcast it.
4 big statements of the Supreme Court…
- A research has found that providing proper sex education is essential. A study of over 900 teenagers in Maharashtra found that students lacked proper knowledge about reproductive and sexual health. They were more likely to have intercourse earlier.
- It is imperative that we start dispelling the misconceptions about sex education. Give everyone the right information about its benefits, so we can improve sexual health outcomes.
- Crimes against children are not limited to sexual abuse. This exploitation continues through their videos, photographs and recordings. These materials are easily available to anyone in cyberspace. Such material causes unspecified harm. It does not end with sexual exploitation, whenever this content is shared and viewed, the child's dignity and rights are violated. We as a society should seriously consider this issue.
- We suggest Parliament to amend the POCSO Act and replace the term child pornography with Child Sexually Abusive and Exploitative Material (CSEAM). An ordinance can also be brought for this. The term CSEAM aptly states that this is not just pornographic material, but a record of what happened to the child. An incident in which a child is sexually abused or such abuse is visually depicted.
Justice JB Pardiwala said-
The term 'child sexual abuse and offensive material' should be used instead of child pornography. The central government should bring an ordinance and make the change. Even courts should not use this term.
The Kerala High Court also gave the same decision as the Madras High Court
The Kerala High Court on September 13, 2023 said that it is not a crime if a person watches obscene photos or videos, but it is illegal if he shows them to others. Based on this decision, the Madras High Court acquitted one of the accused on January 11.
The NGO approached the SC against the High Court's decision
After the decision of the Madras High Court, the NGO Just Rights for Children Alliance and the NGO Bachpan Bachao Andolan of New Delhi filed a petition in the Supreme Court. The Supreme Court reserved the decision on August 12.
The Just Rights for Children Alliance said that the High Court's order may encourage child pornography. The decision appears to mean that people who download and host such content will not be prosecuted.
Decisions of the High Court
1. Kerala High Court- Pornography has been prevalent for centuries, it is a personal choice
This decision was given by the bench of Justice PV Kunhikrishnan of Kerala High Court. Justice Kunhikrishnan said, pornography has been prevalent for centuries. It is easily accessible in today's digital age. It is available at the fingertips of children and adults.
2. Madras High Court – Downloading child porn on phone is not a crime
Citing this observation of the Kerala High Court as a basis, the Madras High Court on January 11, 2024 quashed a case against an accused under the POCSO Act. The Madras High Court said that viewing or downloading such content on one's device does not fall under the purview of the offence. The Supreme Court on Monday set aside the decision and referred the case afresh to the Sessions Court.
3 Laws on Porn Videos in India
- Watching porn online is not illegal in India, but the Information Technology Act 2000 prohibits the production, publication and transmission of porn videos.
- Sections 67 and 67A of the Information Technology Act 2000 provide for imprisonment of up to 3 years along with a fine of up to 5 lakh rupees for such offences.
- Statutory provisions have also been made in Sections 292, 293, 500, 506 of the IPC to prevent offenses related to this. Actions are taken under POCSO Act.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
