Imparting Sex Education & Awareness About POCSO Act Obligation Of Governments : Supreme Court

The Supreme Court has interpreted the Protection of Children from Sexual Offences Act (POCSO Act) to hold that governments have the obligation to impart sex education and create awareness among the general public about the statute.

The Court also underlined the importance of having a sensitive approach towards the victims of POCSO Act offences.

"By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope. This includes changing societal attitudes towards victims, improving legal frameworks to protect them, and ensuring that perpetrators are held accountable," the Court held in a significant judgment today.

Today, the Supreme Court has 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).

A bench comprising CJI DY Chandrachud and Justice JB Pardiwala has interpreted Sections 43 and 44 of the POCSO Act and held that it also entails imparting sex education and awareness amongst the general public. It held: "We are of the considered view that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at just spreading awareness about the provisions of the POCSO."

Section 43 of the POCSO obligates the Central Government and the State Government to undertake measures and ensure that the provisions of the said Act are given wide publicity through media including the television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the legislation.

It further requires the appropriate government to also impart proper training at regular intervals to all government offices such as police on the implementation of the provisions of this Act.

Section 44 of the POCSO on the other hand obligates the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights constituted under the Act to regularly monitor and assist in the implementation of the provisions of this Act.

The Court added: "Since, one of the salutary and avowed object of the POCSO was the deterrence of offences of child sexual abuse and exploitation, thus, as a natural corollary, the obligation the appropriate government and the commission under the aforesaid provisions will also entail imparting of sex education and awareness amongst the general public, children as well as their parents and guardians, particularly in schools and places of education.

All steps and efforts of the appropriate government and the commission towards the compliance of Section(s) 43 and 44 must go beyond just the textual wording of the said provisions and ought to earnestly take into account the pragmatic necessities and requirements for curtailing the issue of child abuse, exploitation and addiction to pornography."