GG News Bureau
New Delhi, 23rd Sept. In a landmark ruling on Monday, the Supreme Court of India addressed the issue of child pornography, stating that viewing or downloading such content constitutes a crime under the POCSO Act and the Information Technology Act. This decision comes as the court overturned a previous ruling by the Madras High Court, which had declared these actions legal.
A bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra criticized the Madras High Court for its erroneous judgment, which had dismissed criminal proceedings against an individual accused of downloading child pornography on his mobile device. The High Court had previously stated that merely viewing or downloading child pornography was not an offense under the law.
The Supreme Court’s ruling emphasized that accessing, distributing, or possessing child pornography is punishable, regardless of whether it is stored physically or digitally. The court suggested that Parliament amend the existing laws to replace the term “child pornography” with “child sexual exploitation and obscene material” to better reflect the gravity of the issue.
Key points from the Supreme Court’s ruling include:
- Individuals can be prosecuted if they are found to have stored or possessed child pornography before a case was initiated.
- The court acknowledged previous rulings that penalized the storage and sharing of child pornography for financial gain.
- The bench called for a comprehensive sex education program that addresses the legal and moral implications of child pornography to deter potential offenders.
The court also expressed concern over societal attitudes toward sex education, which has been viewed as incompatible with traditional Indian values. It recommended that teachers, healthcare professionals, and law enforcement be trained to recognize signs of problematic sexual behavior.
This ruling arose from a petition challenging the Madras High Court’s decision, which had dismissed the notion that child pornography viewing and downloading are offenses. The Supreme Court directed the Sessions Court to reconsider the case, highlighting the need for consistent application of the law in addressing such serious crimes.
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