Watching ‘child sex abuse’ material is an offence: SC

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CategoryPolity

Last Updated25/09/2024

The Supreme Court on Monday said promoting a comprehensive understanding of the benefits of sex education was essential for reducing the incidence of sexual crimes in the country.

The Supreme Court, in a landmark judgement, emphasized the urgent need to address misconceptions surrounding sexual health and promote sex education as a key tool in reducing sexual crimes in India.
The court highlighted how societal stigma and resistance hamper the effective implementation of sex education programs.

A bench led by Chief Justice D Y Chandrachud and Justice J B Pardiwala noted that many in India, including parents and educators, view discussions on sex as inappropriate or immoral, leading to a significant knowledge gap among adolescents.
One prevalent misconception is that sex education encourages promiscuity and irresponsible behavior.
The court clarified that research shows the opposite: comprehensive sex education delays the onset of sexual activity and promotes safer practices among the sexually active youth.

The court also addressed the belief that sex education is a "Western concept" that clashes with traditional Indian values. Resistance from various state governments, citing cultural reasons, has led to bans on sex education in schools.
The bench observed that this resistance leaves adolescents uninformed, pushing them to seek information from unreliable internet sources, which can lead to unhealthy sexual behaviors.

The Supreme Court highlighted that effective sex education goes beyond just the biological aspects of reproduction. It encompasses topics such as consent, healthy relationships, gender equality, and respect for diversity. These topics are crucial for reducing sexual violence and promoting gender equity.

Despite the challenges, the court mentioned successful programs like Jharkhand's 'Udaan', which demonstrate the importance of community involvement and government support in overcoming resistance.
The program's success points to the necessity of transparency and collaboration in implementing sex education.

The court underscored that age-appropriate sex education plays a crucial role in preventing youth from engaging in harmful sexual behaviors, including the viewing and distribution of child sexual exploitation and abuse material (CSEAM).
Research indicates that comprehensive sex education can reduce risky sexual behaviors, increase contraceptive use, delay sexual initiation, and decrease the number of sexual partners.

The bench stressed that sex education programs help youth understand the importance of consent and the legal consequences of sexual activities. This education is essential in deterring harmful practices like viewing and distributing child pornography.

Referring to the Protection of Children from Sexual Offences (POCSO) Act, the bench stated that the Act's goal of deterring child sexual abuse inherently involves imparting sex education. It placed responsibility on governments and educational institutions to raise awareness about sexual health among children, parents, and the general public.

The court emphasized the collective responsibility of society in ensuring that victims of child pornography receive care, support, and justice. Fostering a compassionate and understanding environment can help these victims find a path to recovery.

In a pivotal ruling, the Supreme Court set aside a Madras High Court decision that stated merely watching or downloading child pornography was not an offense under the POCSO and IT Acts. The Supreme Court ruled that such actions are indeed offenses, marking a significant step towards stricter enforcement against child sexual abuse.