The Supreme Court on Monday (September 23) overturned the Madras High Court's decision and said that downloading and watching child porn is a crime. The court has advised the central government to write 'Child Sexually Abusive and Exploitative Material (CSEAM)' instead of child pornography in the POCSO Act and the courts should not use this word.
Let us tell you that the Madras High Court had quashed the case against a person saying that he had only downloaded child porn, but did not send it to anyone. According to the Madras High Court, if a person sends child porn to someone, then it is illegal.
The Supreme Court has said that by changing the words, the attention of society and the justice system can be drawn towards the seriousness of such cases.
It is necessary to strike a balance between the legal protection of children - SC
The bench of CJI DVI Chandrachud and Justice JB Pardiwal expressed concern over child porn and said that it is necessary to strike a balance between technology reality and legal protection of children. The bench said that calling child porn as CSEAM will create a new legal framework and a new approach to fight against exploitation of children in society. The Supreme Court on Monday said that storing and viewing child pornography is a crime under POCSO and IT Act.
What did the High Court say?
According to reports, the Kerala High Court had said on September 13, 2023 that if a person is watching pornographic photos or videos, it is not a crime, but if he is showing it to someone else, it would be illegal. Based on the decision of the Kerala High Court, the Madras High Court acquitted an accused in a child pornography case on January 11.
In January 2024, Justice N Anand Venkatesh of the Madras High Court granted relief to a 28-year-old man and quashed the criminal case against him. The youth was accused of watching and downloading child porn. Justice Venkatesh had said that merely watching child porn cannot be considered a crime under POCSO and IT Act.
2 NGOs had filed a petition
After this, NGO Just Rights for Children Alliance and New Delhi-based NGO Bachpan Bachao Andolan had filed a petition in the Supreme Court against the decisions. The Supreme Court had reserved the verdict on August 12.
Today it is available at the fingertips of children and adults
The bench of Justice PV Kunhikrishnan of Kerala High Court gave this decision. He said that pornography has been prevalent for centuries. Today in the digital age, it has become easily accessible. It is available at the fingertips of children and adults.