Following are the highlights of the Supreme Court’s verdict on Monday which held mere possession of any child pornographic material will constitute offences under the POCSO and the IT laws even if they are not disseminated further:
* SC sets aside Madras HC order that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.
* SC suggests Parliament should seriously consider bringing an amendment to the POCSO Act for substituting the term “child pornography” with “child sexual exploitative and abuse material” with a view to reflect more accurately the reality of such offences.
* SC says the Centre, in the meantime, may consider to bring about the suggested amendment to the POCSO Act by way of an ordinance.
* SC puts all the courts to notice that the term ‘child pornography’ shall not be used in any judicial order or judgment, and instead the term ‘child sexual exploitative and abuse material’ (CSEAM) should be endorsed.
* SC says implementing comprehensive sex education programmes that include information about the legal and ethical ramifications of child pornography can help deter potential offenders.
* SC says raising awareness about realities of child sexual exploitative material and its consequences through public campaigns can help reduce its prevalence.
* SC says schools can play a crucial role in early identification and intervention and implementing school-based programmes that educate students about healthy relationships, consent and appropriate behaviour can help prevent problematic sexual behaviours (PSB).
* SC says child sexual exploitative material is deeply degrading to the dignity of children and it reduces them to objects of sexual gratification, stripping them of their humanity and violating their fundamental rights.
* Stressing the need to address misconceptions around sexual health, the SC says promoting a comprehensive understanding of the benefits of sex education is essential for reducing the incidence of sexual crimes in the country.
* SC says sexual exploitation of children is a pervasive and deeply rooted issue that has plagued the societies worldwide and has been a matter of serious concern in India.
