The Supreme Court has issued a significant ruling on the issue of child pornography. The Supreme Court said viewing, posting or downloading such content is a crime. While delivering its judgment, the Supreme Court also set aside the judgment of the Madras High Court which did not fall within the scope of the offence.
The Supreme Court bench of Chief Justice DY Chandrachud, Justice JB Pardi Vala and Justice Manoj Mishra heard the case. The court asked the central government to use the term “child sexual exploitation and abuse material” instead of child pornography.
Madras High Court ruling quashed
Justice JB Pardiwala, in a unanimous verdict in the Madras High Court ruling, said, “You (Madras High Court) have committed a mistake in your order. Therefore, we quash the order of the High Court and remand the case Ground floor. In fact, the Madras High Court in its judgment had said that mere downloading or viewing of child-related pornographic material does not fall under the ambit of an offense under the POCSO Act or the IT Act.
The organization has approached the SC against the HC’s decision
Accordingly, the Madras High Court has quashed the ongoing case against a person accused of keeping child pornography on his mobile phone. Let us tell you that many organizations working for children’s rights have moved the Supreme Court against the Madras High Court ruling.
Parliament should seriously consider the law
The Supreme Court said Parliament should seriously consider proposing an amendment to POCSO aimed at replacing the term “child pornography” with “child sexual exploitation and abuse material” (CSEAM). To more accurately portray the reality of this type of crime.
Here’s what was said in a video collection during the hearing
The court stated that under these provisions a person should be identified on the basis of the actus reus. You should see how the item was stored or removed.
