Create Awareness About POCSO Act Among Children, Implement Sex Education Programs : Supreme Court's Suggestions To Union

In a significant judgment pronounced by the Supreme Court today, it held that mere storage of “child sexual exploitative and abuse material" (child pornography) without deleting or reporting the same would indicate the intention to transmit, and merely watching it without download would amount to "possession" under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

In the 200-page judgment of one of its kind, the Supreme Court has forbidden Courts across the country to use "child pornography" and instead shall use "child sexual exploitative and abuse material" (CSEAM).

The POCSO defines 'child' as someone below 18 years of age and defines “child pornography” under Section 2(1)(da) as "means any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child and image created, adapted, or modified, but appear to depict a child." 

The bench comprising CJI DY Chandrachud and Justice JB Pardiwala has suggested that an amendment may be brought, through an ordinance as of now, to substitute the term "child pornography" under the POCSO Act to CSEAM. 

Apart from these, the Court has given comprehensive directions which are: 

1. Implementing comprehensive sex education programs that include information about the legal and ethical ramifications of child pornography can help deter potential offenders. These programs should address common misconceptions and provide young people with a clear understanding of consent and the impact of exploitation. 

2. Providing support services to the victims and rehabilitation programs for the offenders is essential. These services should include psychological counselling, therapeutic interventions, and educational support to address the underlying issues and promote healthy development. For those already involved in viewing or distributing child pornography, CBT has proven effective in addressing the cognitive distortions that fuel such behaviour. Therapy programs should focus on developing empathy, understanding the harm caused to victims, and altering problematic thought patterns.

3. Raising awareness about the realities of child sexual exploitative material and its consequences through public campaigns can help reduce its prevalence. These campaigns should aim to destigmatize reporting and encourage community vigilance.

4.  Identifying at-risk individuals early and implementing intervention strategies for youth with problematic sexual behaviours (PSB) involves several steps and requires a coordinated effort among various stakeholders, including educators, healthcare providers, law enforcement, and child welfare services. Educators, healthcare professionals, and law enforcement officers should be imparted training to identify signs of PSB. Awareness programs can help these professionals recognize early warning signs and understand how to respond appropriately. 

5. Schools can also play a crucial role in early identification and intervention. Implementing school-based programs that educate students about healthy relationships, consent, and appropriate behaviour can help prevent PSB.

6. To give meaningful effect to the above suggestions and work out the necessary modalities, the Union of India may consider constituting an Expert Committee tasked with devising a comprehensive program or mechanism for health and sex education, as well as raising awareness about the POCSO among children across the country from an early age, for ensuring a robust and well-informed approach to child protection, education, and sexual well-being.