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 gratification of the abuser."

Justice JB Pardiwala in the judgement explains that the intention to sexually exploit and harm the child is concentric in both CSEAM and the offence of child abuse in the conventional sense. A person creating or consuming such CSEAM is well aware of the traumatic effects on the child and the exploitation that the victim undergoes. 

"Although, there exists a tangible difference between the act of viewing CSEAM and the act of engaging in sexual abuse of children, yet the latter desire is always inherent in the former."

"The production of child sexual exploitative material is inherently linked to the act of sexual abuse. In both cases, the intent is clear: to sexually exploit and harm a child. The creation of such material is not a passive act but a deliberate one, where the abuser intentionally engages in the exploitation of a child, knowing full well the harm it causes." 

Notably, S. 15 of the POCSO Act penalizes the storage of pornographic material involving children. S. 14 and 13 of the Act penalizes the use of children for pornographic purposes. S. 11 defines sexual harassment upon a child and S.12 provides the punishment for sexual harassment. 

The Far-Reaching Evils Of CSEAM And Its Influence On Viewers 

The Court analyses that in crimes relating to child abuse like CSEAM, the child is reduced to a mere object for the wrongful gratification of the abuser. Such an objectification is reflected in the act of production and distribution of CSEAM. It further stresses that viewers who consume CSEAM may get impacted and encouraged to replicate the acts of child abuse as seen in the material. 

"230. This intent is what makes these crimes particularly heinous. The abuser is not only violating the child's body but is also reducing them to an object for their own gratification, with little regard for the child's dignity or well-being. This dehumanization is evident in the production and distribution of CSEAM, where the child is treated not as a person but as a commodity to be consumed. Those who consume such material may develop an increased desire to engage in further acts of child exploitation. The viewing of CSEAM can desensitize individuals to the horrors of child abuse, leading them to seek out more extreme forms of exploitation or even to commit acts of abuse themselves."

The Court further dwelled into the issue of increased viewership of CSEAM triggering increased demand and supply cycle of such materials leading to larger exploitation of children. In order to avoid such a domino effect, the Court observes it necessary to take stringent measures to penalize both the creators and distributors as well as consumers of CSEAM.  

"231. Moreover, the demand for such material will always incubate a corresponding production and distribution of CSEAM. Abusers may be motivated to create and distribute these materials to satisfy the demand, leading to the abuse of more children. This cycle of abuse and exploitation underscores the need for stringent measures to not only punish those who create and distribute CSEAM but also to deter potential consumers and reduce the demand for such material."

CSEAM Violates The Dignity Of Children; Causes Lasting Psychological Scars On Individuals 

Noting the devastating effects of CSEAM on the emotional, mental and social well-being of the child, the Court held CSEAM to be violative of the fundamental rights of children, especially right to live with dignity. The Court further opined that the acts of CSEAM impact the mental health of the victims in such a way that it culminates into childhood trauma of sorts which lingers on even when they enter the adulthood. 

"232. Child sexual exploitative material is deeply degrading to the dignity of children. It reduces them to objects of sexual gratification, stripping them of their humanity and violating their fundamental rights. Children are entitled to grow up in an environment that respects their dignity and protects them from harm. However, CSEAM violates this right in the most egregious manner possible."

"235. The impact of CSEAM on its victims is devastating and far-reaching, affecting their mental, emotional, and social well-being. Victims of such heinous exploitation often endure profound psychological trauma that can manifest as depression, anxiety, and post-traumatic stress disorder (PTSD). The relentless reminder that images and videos of their abuse are circulating online can lead to a persistent sense of victimization and helplessness, further exacerbating feelings of shame, guilt, and worthlessness. This awareness can make it highly challenging for victims to move forward, as the fear of being recognized and judged by others remains ever-present." 

Other reports about the judgment can be read here.

Case Details : JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH Diary No.- 8562 - 2024

Citation : 2024 LiveLaw (SC) 728

Click here to read the judgment