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Desire To Sexually Exploit Children Inherent In The Act Of Watching Child Sexual Exploitative Materials : Supreme Court
The Supreme Court in its recent decision penalizing storage of 'Child Pornography' explained that the act of consumption or storage of 'Child Sexual Exploitative and Abuse Material' had common underlining intent of the offence of child sexual abuse. The bench of CJI DY Chandrachud and Justice JB Pardiwala observed that though practically different, both the acts of CSEAM and child sexual abuse share a "common, malevolent intent: the exploitation and degradation of a child for the sexual...
Tirupati Laddu Issue : 'Was There Internal Testing By TTD? Was Ghee Sample Taken From Rejected Lot?' Subramanian Swamy Approaches Supreme Court
Senior BJP leader Subramanian Swamy has initiated a public interest litigation before the Supreme Court seeking investigation by a Court-monitored committee into the allegations levelled by TDP-led Andhra Pradesh government regarding use of adulterated ghee in preparation of laddus at the Tirumala Tirupati Temple during the previous YSRCP regime.Besides praying for the appointment of a Committee, Swamy has sought direction for a detailed report from the authorities on the forensics of the...
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...
Sex Education Not A Western Concept, Misconception That It Encourages Promiscuity Among Youth : Supreme Court
"Another common belief is that sex education is a Western concept that does not align with traditional Indian values. This view has led to resistance from various state governments, resulting in bans on sex education in schools in some states." observed the Supreme Court today in a landmark ruling against child pornographic content. A bench of CJI DY Chandrachud and Justice JB Pardiwala added "this type of opposition hinders the implementation of comprehensive and effective sexual...
Don't Use Term 'Child Pornography', Instead Use 'Child Sexual Exploitative & Abuse Material' : Supreme Court To Courts
The Supreme Court has suggested to the Parliament to amend the Protection of Children from Sexual Offences Act (POCSO Act) to replace the term 'Child Pornography' with 'Child Sexual Exploitative and Abuse Material' (CSEAM). The Court also asked the Union Government to issue an ordinance in the meantime to effect such an amendment. The bench of CJI DY Chandrachud and Justice JB Pardiwala in its decision on the offence of storing child pornographic material also directed all Courts to abstain...
Remission Pleas Stalled Due To Ex-CM Arvind Kejriwal's Incarceration Can Be Processed Now: Delhi Government To Supreme Court
The Delhi Government today (September 23) told the Supreme Court that it would now be able to process remission pleas, which were pending since the previous Chief Minister Arvind Kejriwal was in prison, as Atishi Marlena has taken charge as the new Chief Minister.A bench of Justice Abhay Oka and Justice Pankaj Mithal was hearing a writ petition by a convict seeking remission. The Delhi Government had earlier submitted that decisions were stalled due to the incarceration of then CM Arvind...
Knowingly Watching Child Pornography Over Internet Without Downloading Amounts To 'Possession' Under POCSO Act : Supreme Court
The Supreme Court held that watching child pornography over the internet without downloading would also amount to "possession" of such material in terms of Section 15 of the Protection of Children from Sexual Offences Act (POCSO).Section 15 deals with the offence of storage or possession of child pornographic material with an intention to transmit the same. The judgment also held that the intention to transmit can be gauged from the failure of a person to delete and report the material.The bench...
Supreme Court Weekly Round-up: September 16, 2024 To September 22, 2024
IndexCitationsBeena and Ors. v. Charan Das (D) Thr. Lrs. & Ors., Civil Appeal No. 3190 of 2014 2024 LiveLaw (SC) 706Rabina Ghale & Anr v. UOI & Ors, WP (Crl) No. 265 of 2022 & Anjali Gupta v. UOI & Ors, WP (Crl) No. 250 of 2022 2024 LiveLaw (SC) 707Sandeep Kumar v. Vinod & Ors. 2024 LiveLaw (SC) 708Dickey Alternative Investment Trust and Anr. v. Ahmed Buhari and...
Storage Of Child Pornography Without Deletion Or Reporting Indicates Intention To Transmit, Constitutes POCSO Act Offence :Supreme Court
Setting aside a Madras High Court judgment which held that mere storage of child pornographic material without any intention to transmit the same was not an offence under the Protection of Children from Sexual Offences Act (POCSO Act), the Supreme Court on Monday (September 23) held that the storage of such material, without deleting or without reporting the same, would indicate an intention to transmit.Observing that the High Court committed an "egregious error" in quashing the criminal...
Jharkhand High Court Restrains Govt From Suspending Internet On Ground Of Conducting Exams, Says Shutdown Violates Fundamental Rights
In a special hearing held on Sunday (Sep. 22), the Jharkhand High Court temporarily restrained the government from suspending internet services in the State on the grounds of conducting any examination. The court said that no internet services would be disrupted without the court's permission.“It is made clear that till pendency of this writ petition, without the leave of this Court, no internet facility, in whatever form, will be suspended henceforth within the State of Jharkhand on the ground...
Tirupati Laddu Row : Plea In Supreme Court Seeks Appointment Of Retired Judge To Oversee Temples' Management, Independent Probe
In the wake of the controversy regarding the alleged use of adulterated ghee in preparing the laddus at the Tirumala Tirupati Temple, a petition has been filed in the Supreme Court seeking an investigation by a committee headed by a retired Supreme Court judge or a retired High Court Chief Justice into the matter.The petition has been filed following allegations that animal fat was used instead of ghee to prepare the laddus which are offered as prasadam at the iconic temple. The petitioner,...
Wounds Of Draconian 1871 Criminal Tribes Act Not Completely Healed Even After 75 Years Of Constitution: Justice Abhay S Oka
"Even though more than 70 years have passed since the repeal of draconian Acts, the 1871 Criminal Tribes Act, its adverse effects continue to haunt us every day," said Justice Abhay S. Oka during a lecture organised to celebrate 'Vimukta Diwas'.Justice Oka was speaking at a lecture titled 'Indian Constitution & Denotified Tribes' to mark Vimukta Diwas celebrated on August 31 to create awareness about the Denotified Tribes (DNT). The online lecture was organized by Criminal Justice and Police...