Supreme Court Redefines Child Exploitation Terms, Calls for Comprehensive Child Protection Measures

Last Updated on September 23, 2024 by Srijan Raj

The Supreme Court has ruled that the storage of child sexual exploitative and abuse material (child pornography) without deletion or reporting would indicate intent to transmit, and watching it without download would amount to “possession” under the Protection of Children from Sexual Offences Act, 2012.

Supreme Court has forbidden courts across India to use “child pornography” and instead shall use “child sexual exploitative and abuse material” (CSEAM).

The POCSO defines ‘child’ as someone below 18 years of age and defines “child pornography” under Section 2(1)(da) as any visual depiction of sexually explicit conduct involving a child.

The bench comprising CJI DY Chandrachud and Justice JB Pardiwala has suggested an amendment through an ordinance to substitute “child pornography” under the POCSO Act to CSEAM. The court has given comprehensive directions, including implementing comprehensive sex education programs, providing support services to victims and rehabilitation programs for offenders, raising awareness about the realities of child sexual exploitative material and its consequences through public campaigns, identifying at-risk individuals early and implementing intervention strategies for youth with problematic sexual behaviors (PSB), and implementing school-based programs that educate students about healthy relationships, consent, and appropriate behavior.

To implement these suggestions, the Union of India may consider constituting an Expert Committee to devise a comprehensive program or mechanism for health and sex education, raise awareness about the POCSO among children across the country from an early age, and ensure a robust and well-informed approach to child protection, education, and sexual well-being.