The Supreme Court of India ruled on Monday that individuals can face criminal liability for viewing, downloading, storing, or distributing child pornography. This decision, which references the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Information Technology Act (IT), 2000, considerably amplifies protections for minors.
The court articulated that such abuse generates a cycle of victimization, with recording and sharing exacerbating trauma. Victims persist in enduring psychological scars, aware that their suffering can be repeatedly accessed (https://www.jurist.org/news/2024/09/india-supreme-court-declares-possession-of-child-exploitation-material-a-criminal-offence/). Justice J.B. Pardiwala, who authored the extensive ruling, underscored this aspect in the verdict.
The ruling emanated from an appeal by the NGO Just Right for Children Alliance, challenging a previous decision by the Madras High Court. The High Court had previously opined that possessing child pornography without an intent to distribute did not breach the POCSO Act. However, the Supreme Court overruled this, determining that mere possession without reporting or deleting implies an intent to distribute, hence infringing the law.
Further, the Supreme Court advocated for significant legislative reform and recommended Parliament to amend the POCSO Act to replace the terminology “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM). This change aims to better reflect the gravity of the crime, moving away from the term “pornography,” often seen as trivializing the seriousness of the offense.
The ruling also brought attention to crucial provisions within the Information Technology Act that penalize not only the possession and transmission of obscene materials but also mere browsing of such content. The decision elucidates that possessing such material, irrespective of physical control, falls under the ambit of the law.