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The Supreme Court of India has delivered a landmark judgment, overturning a ruling by the Madras High Court that had sparked widespread outrage. The Madras High Court had controversially ruled that downloading and viewing child sexual abuse material (CSAM) in private did not constitute an offense under the Information Technology (IT) Act and Protection of Children from Sexual Offences (POCSO) Act. The Supreme Court, in a 200-page judgment, vehemently denounced this ruling, labeling it an 'egregious error' and reaffirming the comprehensive nature of the POCSO Act in addressing all forms of child sexual abuse.
The case involved a 28-year-old man, S Harish, who was charged with possessing CSAM after a CyberTipline report from the National Center for Missing & Exploited Children (NCMEC) in the US alerted Indian authorities. While the forensic analysis of Harish's mobile phone revealed CSAM videos, the chargesheet filed against him focused on Section 15(1) of the POCSO Act, which pertains to the failure to delete, destroy, or report CSAM in possession. The Madras High Court, however, dismissed the charges, arguing that private viewing of CSAM did not fall under the purview of the POCSO Act.
The Supreme Court, in its judgment, meticulously dissected the reasoning of the Madras High Court and highlighted its glaring fallacies. The apex court emphasized that the POCSO Act is a comprehensive and self-contained legislation designed to combat all forms of child sexual abuse, including possession and distribution of CSAM. The court also pointed out that the Madras High Court had overlooked Section 15 of the POCSO Act, which explicitly criminalizes the possession of CSAM even without the intent to share or transmit. The SC's judgment underscores the crucial role of the POCSO Act in protecting children from exploitation and abuse, a commitment that extends to the realm of online content.
Beyond its legal implications, the judgment also underscores the urgency of promoting sex education in India. The SC recognized that widespread misconceptions about sex education often hinder its effectiveness. The court emphasized that comprehensive sex education, which encompasses topics like consent, healthy relationships, and gender equality, is essential in preventing youth from engaging in harmful sexual behaviors, including the viewing and distribution of CSAM. The judgment, therefore, urged the Indian government to prioritize the implementation of comprehensive sex education programs across the nation.
In addition to its legal pronouncements, the SC also offered several recommendations to the Union government's Ministry of Women and Child Development for preventing and addressing child sexual abuse. These recommendations included amending the POCSO Act to replace the term 'child pornography' with 'Child Sexual Exploitative and Abuse Material' (CSEAM) to accurately reflect the nature of the crime. The court also stressed the importance of providing support services to victims and rehabilitation programs for offenders, emphasizing the need for therapeutic interventions and educational support. The SC's judgment stands as a powerful testament to the crucial role of law, education, and societal awareness in safeguarding children from sexual abuse and exploitation.
Source: 'Egregious error’: SC overturns Madras HC judgement on child sexual abuse material