Syllabus
Mains – GS 2
Context: The Supreme Court on Monday (September 23, 2024) held that viewing in private, downloading, storing, possessing, distributing or displaying pornographic acts involving children attract criminal liability under the Protection of Children from Sexual Offences Act (POCSO) and the Information Technology Act.
Background: –
The verdict was based on an appeal filed by NGO, Just Right for Children Alliance, against a Madras High Court decision that mere possession or storage of any pornographic material was not an offence under the POCSO Act. The High Court had concluded that watching or downloading pornographic acts involving children in private domains was not a crime.
About Protection of Children from Sexual Offences (POCSO) Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive legal framework aimed at safeguarding children from sexual abuse, exploitation, and harassment.
Key Features of the POCSO Act:
Child-Centric Definition:
A child under the POCSO Act is defined as any individual below 18 years of age.
The Act is gender-neutral, providing protection to both male and female children.
Types of Sexual Offences Covered:
Penetrative Sexual Assault: Involves penetration of the child’s body or any act that manipulates sexual organs for sexual purposes.
Aggravated Penetrative Sexual Assault: When the perpetrator is in a position of trust (like a family member, police officer, or teacher) or when the child suffers severe injury.
Sexual Assault: Involves non-penetrative sexual contact.
Sexual Harassment: Includes any sexual advances or behavior that offends the dignity of the child.
Use of a Child for Pornographic Purposes: Any form of media where a child is used for explicit sexual content.
Mandatory Reporting:
Individuals are mandated to report offences under POCSO. Failure to report can lead to legal consequences.
The Act also ensures protection of identity of the child during investigation and trial.
Child-Friendly Procedures:
The law ensures a child-friendly atmosphere during legal proceedings.
Statements of the child are recorded at home or a safe environment.
The presence of the child’s parents or trusted persons is allowed during interrogation and trial.
The Act mandates in-camera trials to ensure the privacy of the child.
Special Courts:
The Act provides for the establishment of Special Courts for the speedy trial of cases under POCSO. These courts are required to complete the trial within one year from the date of taking cognizance.
Presumption of Guilt:
The POCSO Act operates on a reverse burden of proof, where the accused is presumed guilty unless proven innocent, ensuring the protection of the child’s interests.
Child Welfare Committees (CWCs):
Child welfare committees play a role in the rehabilitation of the child victim and ensure the child is given medical, psychological, and legal aid during and after the trial.
POCSO Amendment Act, 2019:
Introduced more stringent punishments for sexual offences against children, including the death penalty for the rape of minors below 12 years.
Increased the minimum punishment for various offences to deter such crimes.
Additional information from the SC judgement
The Supreme Court urged the Parliament to seriously consider amending the POCSO Act to substitute the term “child pornography” with “Child Sexual Exploitative and Abuse Material” or CSEAM.
It directed courts across the country to replace ‘child pornography’ with the term ‘Child Sexual Exploitative and Abuse Material’ or CSEAM in their judgments and judicial orders.
Court said the description of the act as CSEAM would more accurately reflect the reality that these images and videos were not merely pornographic but were records of incidents during which children were sexually exploited and abused.
The court found the term ‘child pornography’ a misnomer which failed to capture the full extent and horror of the crime. “Each case of what is traditionally termed ‘child pornography’ involves the actual abuse of a child. The use of the term ‘child pornography’” can lead to a trivialisation of the crime, as pornography is often seen as a consensual act between adults. It undermines the victimisation,” the verdict pointed out.
Source: The Hindu
