The Supreme Court of India has urged Parliament to amend the POCSO Act, suggesting that the term "child pornography" be replaced with "child sexual exploitative and abuse material" (CSEAM). This change, recommended by Chief Justice DY Chandrachud and Justice JB Pardiwala, aims to more accurately describe the severity of these offenses.
The court also suggested that the Centre could introduce the amendment through an Ordinance and directed that the term "child pornography" no longer be used in judicial orders, advocating for the use of CSEAM instead.
In its landmark ruling, the Supreme Court reaffirmed that both watching and downloading child pornography are punishable offenses under the POCSO and IT Acts. The judgment emphasized the need for comprehensive sex education programs to address the legal and ethical implications of such offenses, aiming to prevent them through education.
The court highlighted the role of schools in promoting awareness of healthy relationships and consent, calling for school-based programs and the creation of an expert committee to develop a nationwide strategy. Additionally, support services for victims and rehabilitation for offenders, including psychological counseling, were deemed crucial.
This decision came as the court overturned a controversial Madras High Court ruling, reinstating criminal proceedings against individuals involved in downloading or watching child pornography. The Supreme Court stressed the importance of public campaigns to raise awareness, destigmatize reporting, and increase community vigilance against child sexual exploitation.
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