• The Supreme Court delivered a landmark judgment which held that watching and downloading child pornography are offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology (IT) Act. 

• The apex court set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the POCSO Act and the IT Act.

• The top court delivered its verdict on a plea challenging the Madras High Court order.

• In its 200-page verdict, the bench suggested that implementing comprehensive sex education programmes that include information about legal and ethical ramifications of child pornography can help deter potential offenders.

• The Supreme Court suggested that Parliament should seriously consider bringing an amendment to the POCSO Act for substituting the term “child pornography” with “child sexual exploitative and abuse material” with a view to reflect more accurately the reality of such offences.

• A bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala said the Centre, in the meantime, may consider bringing about the suggested amendment to the POCSO Act by way of an Ordinance.

• It put the courts to notice that the term ‘child pornography’ shall not be used in any judicial order or judgment, and instead the term ‘child sexual exploitative and abuse material’ (CSEAM) should be endorsed. 

• The SC suggested that schools can play a crucial role in early identification, intervention and implementing school-based programmes that educate students about healthy relationships, consent and appropriate behaviour and can help prevent problematic sexual behaviours (PSB).

What is POCSO Act?

• The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to protect children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children.

• The Act came into force on November 14, 2012.

• The Act defines a child as any person below 18 years of age, and regards the best interests and welfare of the child as a matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. 

• The Act is gender-neutral. 

• Under its provisions, an offence is treated as ‘aggravated’ when committed by a person in a position of trust or authority over the child such as a member of security forces, public officer, public servant, etc. 

• The Act mandates establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. 

• The Act incorporates child friendly procedures for reporting recording of evidence, investigation and trial of offences.

• The monitoring and implementation of this Act happens through the National Commission for Protection of Child Rights (NCPCR) and the state governments have been asked to appoint a senior nodal police officer for their state level Commission for Protection of Child Rights.

• In July 2019, the government amended the Act to make punishment more stringent for committing sexual crimes against children, including death penalty.

• The examination of POSCO by courts, child experts, children organisations, and other stakeholders have brought out a series of recommendations to be included in the Act to increase its relevance. Since then, POCSO Act, 2012 has undergone amendments and the POCSO Rules, 2020 have been implemented in 2020. 

• However, there are many more important reforms that need to be included in the Act to keep pace with the recent amendments to child-related legislation and the evolving child rights policies. The ambiguities surrounding certain provisions in the Act need to be addressed through clear and concise provisions.

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