Sex Education Not A Western Concept, Misconception That It Encourages Promiscuity Among Youth : Supreme Court

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).

The judgment has suggested to the Parliament to amend the 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.

Child sexual exploitative material is deeply degrading to the dignity of children

The Court has stated that the CSEAM is "deeply degrading to the dignity of children". The Court observed: "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."

It added: "The existence and circulation of CSEAM are affronts to the dignity of all children, not just the victims depicted in the material. It perpetuates a culture in which children are seen as objects to be exploited, rather than as individuals with their own rights and agency. This dehumanization is particularly dangerous because it can lead to a broader societal acceptance of child exploitation, further endangering the safety and well-being of children."

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. It said: "Both the use of CSEAM and the act of child sexual abuse share a common, malevolent intent: the exploitation and degradation of a child for the sexual gratification of the abuser. 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."

It added that 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," Court remarked.

Viewing CSEAM can insensitive individuals of horrors of child abuse

The Court observed that those who consume such material may develop an increased desire to engage in further acts of child exploitation. It said: "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."

Based on these, the Court concluded: "Given the severity and far-reaching consequences of child sexual exploitation, there is a clear legal and moral imperative to take strong action against those who produce, distribute, and consume CSEAM. This includes not only criminal penalties for those involved in CSEAM but also preventative measures, such as education and awareness campaigns. Laws must be robust and strictly enforced to ensure that perpetrators are brought to justice and that children are protected from further harm. The courts ought to be loathe in showing any form of leniency in such matters."

Psychological and mental well-being of CSEAM child victims

The Court observed that the impact of CSEAM on its victims is devastating and far-reaching, affecting their mental, emotional, and social well-being. It held: "Victims of such heinous exploitation often endure profound psychological trauma that can manifest as depression, anxiety, and post-traumatic stress disorder (PTSD).15 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."

Social stigma faced by CSEAM child victims and their re-victimisation

Underscoring the social stigma and notions of honour and shame that are deeply entrenched, the Court observed: "the social repercussions for victims are particularly severe. Many victims face intense social stigmatization and isolation, finding it difficult to form and maintain healthy relationships due to trust issues and trauma-related challenges. The stigma attached to being a victim of CSEAM can create significant barriers in social interactions, causing victims to withdraw and feel alienated from their communities.

The continuous revictimization through the sharing and viewing of these materials perpetuates the victims' suffering. Each instance of someone viewing or distributing the material represents a new violation, making it harder for victims to heal. This ongoing trauma can severely impact their self-esteem and self-worth, leading to long-term emotional and psychological damage. Furthermore, the impact extends to their education and employment opportunities. Many victims struggle to concentrate on their studies or work due to the overwhelming emotional burden they carry. This can lead to academic underachievement, difficulty in securing employment, and economic hardships, compounding their sense of insecurity and instability."

Interventions suggested

Providing compassionate and comprehensive support is crucial to help victims heal and reclaim their lives, said the Court.

It held: "Therapeutic interventions, including trauma-informed counselling and support groups, can offer a safe space for victims to process their experiences and begin to heal. Legal and social support services are also essential to help victims navigate the complexities of their situation and rebuild their lives."

Appearances: Senior Advocate HS Phoolka (for petitioner), Senior Advocate Swarupama Chaturvedi (for NCPCR, intervenor supporting petitioner), Prashant S. Kenjale (for accused), D Kumanam (for the State of TN, supporting petitioner)

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