Setting aside a Madras High Court judgment in a child pornography case, the Supreme Court on Monday declared that storing and watching child pornographic material is an offence under the Protection of Children from Sexual Offences (POCSO) Act.
The decision overturned a Madras HC judgment, which had stated that merely downloading and viewing child pornography, without any intention to transmit it, was not an offence. The bench, led by Chief Justice DY Chandrachud, slammed the Madras HC for committing an “egregious error” in quashing criminal proceedings against an accused individual.
‘Replace the term child pornography’
The apex court recommended an amendment to the POCSO Act, proposing to replace the term “child pornography” with “child sexually abusive and exploitative material.” This ruling stemmed from a plea filed by Just Rights for Children Alliance, a coalition of NGOs concerned about the potential impact of lenient judgments on child welfare.
On January 11, the high court had quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone. The high court had also said children these days were grappling with the serious issue of watching pornography and instead of punishing them, the society must be “mature enough” to educate them.
The Supreme Court had taken note of the submissions made in the matter by senior advocate H S Phoolka, who represented two petitioner organisations, that the high court verdict was contrary to the laws in this regard. The senior lawyer appeared in the court on behalf of NGOs Just Rights for Children Alliance, based in Faridabad, and the New Delhi-based Bachpan Bachao Andolan. The organisations work for the welfare of children.
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