Storage of Child Pornography Equally Heinous as Child Sexual Abuse
Last Updated on September 25, 2024 by Athi Venkatesh
The Supreme Court of India recently emphasized that the storage or consumption of child sexual exploitative and abusive material (CSEAM) holds the same malicious intent as child sexual abuse. The bench led by CJI DY Chandrachud, along with Justice JB Pardiwala, noted that both acts aim to exploit and degrade children for the abuser’s gratification
Justice Pardiwala elaborated that while viewing CSEAM and physically abusing a child are distinct acts, both are driven by the same desire to harm and exploit the child. The court stressed that individuals consuming CSEAM are fully aware of the trauma inflicted on the child and contribute to a cycle of abuse. The production of such material is a deliberate act of exploitation, not passive consumption.
The Protection of Children from Sexual Offences (POCSO) Act addresses these offenses. Sections 13, 14, and 15 penalize the creation, distribution, and storage of pornographic material involving children, while Section 12 deals with punishments for sexual harassment.
The court highlighted that viewers of CSEAM may become desensitized to child abuse, increasing their desire to commit such acts themselves. The increased demand for CSEAM fuels the production and abuse of more children, making stringent penalties essential to break this cycle.
Moreover, the court underlined that CSEAM violates children’s dignity and causes lasting psychological scars. Victims often suffer from conditions like depression and PTSD, knowing that their abuse is shared online, perpetuating their trauma. This persistent fear of recognition adds to their long-lasting emotional damage.
The court’s decision marks a significant step towards combating the pervasive issue of child exploitation, urging for stronger measures to punish both creators and consumers of CSEAM.
