Need to Promote Understanding of Benefits of Sex Education: Supreme Court

According to the Supreme Court, many conservatives believe that discussing sex is inappropriate.

New Delhi:

The Supreme Court on Monday stressed the need to address misconceptions about sexual health, saying that promoting a comprehensive understanding of the benefits of sex education is essential to reduce the number of sexual crimes in the country.

The Supreme Court said that there are widespread misconceptions about sex education in India, which contribute to limiting its implementation and effectiveness.

A bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala said many people, including parents and educators, have conservative views and consider discussing sex to be inappropriate, immoral or embarrassing.

“This societal stigma makes young people reluctant to talk openly about sexual health, leading to a significant knowledge gap among adolescents,” the court said.

“It is imperative that we start addressing misconceptions about sexual health, and promoting a comprehensive understanding of the benefits of sexual education is essential to improving sexual health outcomes and reducing the incidence of sexual crimes in India. This is especially crucial given India’s growing population,” the report said.

The Supreme Court delivered a landmark judgment holding that viewing and downloading child pornography are punishable offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice Pardiwala, who wrote a 200-page verdict for the court, said a common misconception is that sex education encourages promiscuity and irresponsible behaviour among youngsters.

“Critics often argue that providing information about sexual health and contraception will lead to more sexual activity among teens. However, research has shown that comprehensive sex education actually delays the onset of sexual activity and promotes safer practices among those who are sexually active,” the court noted.

It was said that sex education is considered by most to be a ‘Western concept’ that does not align with traditional Indian values.

The court said this position has led to opposition from several state governments, leading to bans on sex education in schools in some states.

“This kind of opposition hinders the implementation of comprehensive and effective sexual health programs, leaving many adolescents without the right information.

“This is why teens and young adults are turning to the Internet, where they have access to uncontrolled and unfiltered information, which is often misleading and can form the basis for unhealthy sexual behavior,” the report said.

According to the Supreme Court, there is also a misconception that sex education only addresses biological aspects of reproduction.

It was stated that effective sexuality education covers a wide range of topics, including consent, healthy relationships, gender equality and respect for diversity. Addressing these topics is crucial to reducing sexual violence and promoting gender equality.

The court noted that despite some of these challenges, there are successful sex education programmes in India, such as the ‘Udaan’ programme in Jharkhand. Its success underscores the importance of community involvement, transparency and government support in overcoming resistance and creating an enabling environment for sex education.

“Positive, age-appropriate sexuality education plays a vital role in preventing young people from engaging in harmful sexual behaviour, including the distribution and viewing of CSEAM (child sexual exploitation and abuse material),” the report said.

This showed that positive sex education focuses on providing accurate, age-appropriate information about sexuality, consent and respectful relationships.

According to the court, research shows that comprehensive sex education can significantly reduce risky sexual behavior, increase knowledge, enable healthy decision-making, reduce misinformation, delay first sex, reduce the number of sexual partners, and increase the use of contraception.

“Research done in India has highlighted the need for comprehensive sex education programmes. A study of over 900 adolescents in Maharashtra found that students who were not exposed to scientific literature on reproductive and sexual health were more likely to initiate sex early,” it noted.

The Supreme Court said that comprehensive sex education programs teach young people about the importance of consent and the legal implications of sexual activity, helping them better understand the serious consequences of viewing and distributing child pornography.

With regard to certain provisions of the Protection of Children from Sexual Offences (POCSO) Act, the court said: “Since one of the salutary and recognised objectives of the POCSO was deterrence of crimes of sexual abuse and exploitation of children, the obligation of the competent authority and the Commission under the said provisions shall also include imparting sex education and awareness to the general public, children and their parents and guardians, particularly in schools and educational institutions.”

The court stated that it is the collective responsibility to ensure that victims of child pornography receive the care, support and justice they deserve.

“By creating a compassionate and understanding society, we can help them find their way to recovery and regain a sense of safety, dignity and hope,” the report said.

The Supreme Court set aside the Madras High Court’s judgment which had held that merely downloading and viewing child pornography does not constitute an offence under the POCSO Act and the IT Act.

The Supreme Court was ruling on a petition challenging the order of the Madras High Court.

(Except for the headline, this story has not been edited by NDTV staff and is published via a syndicated feed.)