Editorial: Silent Suffering-Telangana Today

It is a welcome development that SC is expanding the scope of POCSO in terms of taking legal action in child pornography cases

Child sexual abuse, although rampant in India, is a much neglected problem that does not attract the attention of policy makers. According to National Crime Records Bureau data, almost 29% of the child population has experienced some form of sexual crime, yet only 65% ​​of these crimes were reported. This is due to the social stigma associated with this issue and, shockingly, the perpetrators are usually the close relatives or people who know the victims. Despite comprehensive laws such as the Protection of Children from Sexual Offenses (POCSO) Act, cases of child abuse have increased. Easy access to explicit sexual content online involving minors is one of the key aspects of this threat. The recent Supreme Court ruling to expand the scope of the POCSO in taking legal action in child pornography cases is a welcome development. In a landmark order, the Court held that downloading and viewing sexually explicit content involving children are punishable offenses under the POCSO Act and the Information Technology Act. It implies that even viewing child pornographic material – without storing or sharing it – is tantamount to possessing it. This is expected to go a long way in reducing the pervasive threat of child sexual exploitation. The ruling sets aside a January order of the Madras High Court, which had held that ‘mere possession’ or storage of child pornography was not a punishable offense under Section 67-B of the IT Act.

The Supreme Court has rightly pointed out that child sexual exploitation is one of the most heinous crimes imaginable, and the crime of child pornography is equally heinous. The victimization and exploitation of the child turns into a wave of trauma-inducing acts where the rights and dignity of the child are continuously violated every time such material is viewed or shared online. Children are vulnerable to being targeted by predators everywhere: at home, on school campuses and in public places. Sexual abuse of minors is the elephant in the room, especially in countries like India, which are driven by patriarchal systems. Fearing shame, the victims’ families tend to sweep the sordid affair under the rug. With UNICEF identifying the widespread use of digital technologies as a factor behind this threat, it is essential to protect children and deter potential offenders with a robust legal mechanism. The POCSO Act has some stringent provisions, but the varying interpretations of it by the high courts have proven to be a stumbling block. Sexual harassment, in whatever form, leaves the children psychologically scarred for life. It not only negatively affects their studies and relationships, but their entire personality. It is hoped that the SC’s intervention will motivate parents, educators and others to talk openly about sexual matters, without a sense of stigma or shame. These stakeholders should also monitor children’s smartphone usage to ward off harmful influences.