SC Overturns Madras HC Ruling on Child Pornography, Calls for Stricter Terminology

New Delhi/ TNF

On Monday, the Supreme Court of India issued a landmark ruling regarding child pornography, emphasizing that downloading, storing, or viewing such material is a crime under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology Act. This decisive ruling overturned a controversial judgment by the Madras High Court, which had suggested that viewing child pornography was not an offense unless there was an intent to distribute it. The Supreme Court’s decision underscores its commitment to protecting vulnerable children from exploitation, especially in a digital age where such material is increasingly accessible.

Key Highlights

1. Overturning Madras High Court: The Supreme Court’s bench, led by Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala, found that the Madras High Court had made a significant error in interpreting the law. The court ordered that the case be sent back to the Sessions Court for further proceedings.
   
2. Terminology Change Suggested: Justice Pardiwala proposed that the term “child pornography” be replaced with “child sexual exploitative and abusive material.” This change aims to better reflect the gravity of the issue and to emphasize the harmful nature of such content. He urged the central government to introduce an ordinance for this modification.
   
3. Rejection of Kerala High Court Ruling: The Supreme Court also dismissed a similar stance taken by the Kerala High Court. On September 13, 2023, the Kerala High Court had claimed that watching obscene material privately was not a crime unless it was shared with others. This interpretation led to considerable public outcry and raised concerns among child rights advocates.
   
4. Case Background: The Kerala High Court’s ruling had resulted in the acquittal of a defendant charged under the POCSO Act, sparking protests from various child rights organizations. NGOs such as Just Rights for Children Alliance and Bachpan Bachao Andolan filed petitions against these judgments, which prompted the Supreme Court to step in and clarify the law.
   
5. Historical Context: The Kerala High Court had argued that pornography has existed for centuries and that the digital age has made it more accessible. It suggested that personal viewing should not be categorized as a crime. However, this reasoning was widely criticized for undermining the serious implications of child exploitation.
   
6. Madras High Court’s Dismissal: The Madras High Court had previously dismissed a case against a 28-year-old man accused of viewing child pornography, ruling that such actions did not fall under the definition of a criminal offense. This decision was based on the belief that personal viewing, without intent to share, was a private matter.
   
7. Legal Framework in India: In India, while watching online pornography is not illegal, creating, publishing, and distributing such content is strictly prohibited under the Information Technology Act, 2000. Offenders can face severe penalties, including up to three years in prison and fines of up to five lakh rupees. Child Pornography the POCSO Act specifically addresses crimes against children and mandates strict action against offenders.
   
8. Rising Demand for Online Content: The consumption of online adult content is growing rapidly in India, with predictions suggesting that the number of mobile phone users will reach 1.2 billion by 2026. Reports indicate that Indian users spend an average of 8 minutes and 39 seconds on adult websites, with a significant portion of viewers aged between 18 and 34. This trend raises urgent questions about the need for stringent legal measures to protect children from exploitation.
   
9. Reinforced Commitment: The Supreme Court’s ruling highlights the legal system’s dedication to combating child sexual exploitation. The court’s decision serves as a powerful reminder that the protection of children is paramount and that the justice system will not tolerate any form of exploitation.

Conclusion

The Supreme Court’s ruling represents a significant advancement in the fight against child sexual exploitation in India. By clarifying the laws surrounding child pornography and rejecting lenient interpretations, the court aims to ensure that individuals who engage in such acts face serious legal consequences. This decision reflects a collective responsibility to protect children and uphold their rights in an increasingly digital world. As the prevalence of online content continues to rise, the court’s ruling will likely have far-reaching implications for how such cases are handled in the future, ensuring that child protection remains a top priority in the legal framework of India.