Watching, possessing child porn a crime: SC
The Supreme Court on Monday ruled that watching or possessing sexually explicit material involving minors is illegal under the Protection of Children from Sexual Offences (Pocso) Act, overturning a controversial Madras high court order, and urged the Union government to promote sex education in the country and to change the legal definition of “child pornography” to “child sexual exploitative and abuse material (CSEAM)” to reflect the true gravity of such crimes.
Marking a significant move in the fight against child exploitation, the judgment by a bench comprising Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice JB Pardiwala emphasised that the consumption of sexually explicit content involving minors is not just an act of personal vice but a severe criminal offence that perpetuates the cycle of child abuse.
“Child sexual exploitation is one of the most heinous crimes imaginable, and the offence of child pornography is equally as heinous, if not more, as in the latter the victimisation and exploitation of the child does not end with the initial act of abuse. It in essence turns the singular incident of abuse into a ripple of trauma inducing acts where the rights and dignity of the child is continuously violated each time such material is viewed or shared,” said the bench, rejecting the argument that the viewing or possession of such material might not meet the legal threshold of criminal conduct.
The bench pointed out that the term “child pornography” is a misnomer that fails to capture the true nature of the crime because the word “pornography” often connotes consensual adult conduct.
“The term ‘child sexual exploitative and abuse material’ or ‘CSEAM’ more accurately reflects the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction,” held the court, placing emphasis on the criminal nature of creating, distributing and consuming such content.