Supreme Court Stands Against Child Exploitation

On Monday, the Supreme Court overturned a contentious Madras High Court ruling and declared that viewing or owning sexually explicit material featuring minors is prohibited by the Protection of Children from Sexual Offences (POCSO) Act. The court also urged the Union government to support sex education in the nation and to rename the term 'child pornography' as 'child sexual exploitative and abuse material (CSEAM)' to better reflect the seriousness of these crimes.

Chief Justice of India (CJI) D.Y. Chandrachud and Justice JB Pardiwala's bench rendered a significant decision in the fight against child exploitation, emphasizing that the consumption of sexually explicit content involving minors is not only a serious criminal offence that perpetuates the cycle of child abuse.

One of the most horrible crimes that may occur is child sexual exploitation. The crime of child pornography is just as horrible, if not more so since it involves further victimization and exploitation of the kid after 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 are 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 noted that while the term 'pornography' frequently implies consenting adult behavior, it is misleading and fails to convey the true nature of the offense. The court emphasized the illegal nature of producing, disseminating, and consuming such content.

"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" the Court held.

Author:

Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal judgments.