Viewing and possessing child pornography can now land you in prison for up to 7 years, according to this new Supreme Court ruling

In a landmark ruling, the Supreme Court of India has ruled that it is now a criminal offence to view or possess sexually explicit material relating to minors under the Protection of Children from Sexual Offences (Pocso) Act.

The ruling contradicts a controversial judgment of the Madras High Court and calls for urgent legislative and educational reforms to combat child sexual exploitation.

The bench, headed by Chief Justice DY Chandrachud and Justice JB Pardiwala, emphasised that viewing such content is not only a personal failure but also a serious criminal offence that aggravates the cycle of child abuse.

The court stated that “the sexual exploitation of children is one of the most heinous crimes imaginable,” and emphasized the serious consequences of child pornography that extend beyond the original act of abuse.

The Supreme Court pointed out the shortcomings of the term “child pornography,” suggesting that it trivialized the issue. Instead, it proposed the term “child sexually exploitative and abuse material” (CSEAM) to better encompass the gravity of the crimes and the ongoing violation of a child’s dignity every time such material is viewed or shared.

The judges rejected arguments that passively consuming this content does not meet the legal threshold for criminal behavior, stressing that each instance of viewing or possessing CSEAM constitutes a form of ongoing victimization.

They ordered all courts to use the new terminology to avoid inadvertently trivializing these serious offenses.

SC quashes earlier ruling

The Supreme Court’s judgment overturned an earlier ruling by the Madras High Court, which had held that mere passive consumption of child pornography did not constitute a crime under the Pocso Act or the Information Technology Act. However, the high court affirmed that even viewing online content falls under “constructive possession”.

This ruling revives the criminal prosecution possibilities for persons in possession of CSEAM. Charges against individuals are being re-filed based on the broader definitions laid down in the Pocso Act.

Further reform proposed by SC

The ruling not only focuses on legal frameworks but also highlights the urgent need for comprehensive sex education in India. The Supreme Court noted that significant misconceptions surrounding discussions on sexual health can hamper effective education.

Concerns that sex education might encourage promiscuity were refuted. There was evidence to suggest that sex education often leads to safer practices and delays in sexual activity among young people.

The court called on the Union government to implement age-appropriate sex education aimed at preventing harmful sexual behaviour and promoting respectful attitudes towards relationships. The judges encouraged improvements in the curriculum that include consent, gender equality and healthy interactions to directly address the roots of child exploitation.

In a broader context, the Supreme Court emphasised the responsibility of government agencies to ensure that the Pocso Act is promoted, as enshrined in its provisions. These provisions include public awareness campaigns and training for law enforcement and child protection personnel.