In this virtual world, SC wants children to be safe

In a world where the shadows of exploitation hang ever darker over our children, news from the highest echelons of India’s judiciary can offer hope. On September 23, 2024, India’s Supreme Court delivered a landmark verdict that strengthens the country’s resolve to protect its most vulnerable citizens while sending a stark message to would-be perpetrators: there is no safe haven for those who prey on innocence.

This historic ruling not only overturned a dangerously misleading judgment of the Madras High Court, but also confirmed that downloading, storing and even viewing child exploitation images is punishable under the Protection of Children from Sexual Offences Act. It is a moment that calls for our attention and action, for in the balance hangs not only the fate of countless children but also the soul of our society.

The Madras High Court had indeed dismissed the criminal case against a 28-year-old Chennai resident, who was accused of downloading child pornography. As if literally telling the public that viewing such disgusting content was not a crime, the High Court had unknowingly opened a Pandora’s box of potential abuse. No wonder, then, that the short-sighted decision sent shockwaves through child protection agencies, lawyers and the general public. It was a gamble that threatened to undo all the excellent work done over the years in the fight against child exploitation.

Fortunately, the Supreme Court intervened. The two-judge bench of Chief Justice DY Chandrachud and Justice JB Pardiwala did not mince words in condemning the high court verdict. They are absolutely right to call it a “grave error” and the unmistakable message conveyed here is that there is absolutely no room for leniency in child exploitation. The Supreme Court resumed the criminal proceedings against the Chennai man, slamming shut a door that could lead to countless and incalculable cases of abuse.

Perhaps the most significant element of this judgment was the decision to replace the term “child pornography” with “child sexually abusive and exploitative material.” This is not a matter of semantics, but a fundamental change in the way we observe and talk about such serious crimes. The new terminology leaves no ambiguity or room for misinterpretation. It rightly frames the problem as one of abuse and exploitation rather than entertainment or news. Such a semantic change is long overdue given the seriousness of such crimes.

The verdict brings into sharp focus the larger issue of the proliferation of pornography in the digital age. While the Madras High Court naively said that exposure to pornography by children was a matter of education rather than punishment, the Supreme Court has taken a firm and unequivocal stand. When it comes to exploitation of minors, there can be no ambiguity. The law must be clear; it must be strict and rigorously enforced.

Of course, we must not forget that this judgment poses major challenges for its implementation. In our modern, interdependent digital world, where light travels to spread information, such legislation requires enormous technological resources and cooperation across the globe. Now that this judgment has been pronounced, it is time for law enforcement agencies to take responsibility for further strengthening their detection and prevention mechanisms against such cycles of child abuse material. It is no small matter, but it is one that we must address head-on if we are serious about protecting our children.

The ruling has further fueled debates on digital literacy, internet safety and the responsibilities of internet service providers and content platforms. Amidst this breakneck pace of technology, our legal and social frameworks need to adapt at twice the speed to keep pace. We cannot wait for something to happen; we need to be ahead of the curve and protect our children in this virtual world. It is encouraging that child rights activists, including the Just Rights for Children Alliance, have welcomed this ruling with open arms. This petition has really put this issue on the agenda and highlighted the practical implications of legal interpretations in sensitive areas such as this. It underlines the vital role that civil society organisations play in defining the legal landscape and protecting the rights of the vulnerable.

This Supreme Court judgment is essentially based on moral grounds rather than legal ones – it states that India will not tolerate the abuse of children within its borders and provides assurance of a benchmark that countries must achieve. With such a jurisdiction of technology and the law with inter-management of social norms, the landmark decision is in line with one of the most important in our country’s commitment to international child protection standards.

Let’s face it: the test is not in the rhetoric, but in the execution of the judgment. Whether or not it will bring about societal change in this fight against child exploitation, the responsibility lies with each of us: legislators, law enforcement, technology companies, educators, parents, and citizens. Let it be that victorious decision in law and let it result in real protections for our children.

The fight against child exploitation is far from over, but today’s ruling takes some steps in that direction. It is a reminder that protecting our children cannot be about compromises and leniency, nor about loopholes. A society is judged by how well it protects its most vulnerable members. That is exactly what this Supreme Court ruling wants us to do: remain vigilant and build a society where every child grows up free from the threat of exploitation. Our children deserve nothing less!

By means of: Dr. Mehak Jonjua