SC’s landmark ruling strengthens child protection laws

 Dipak Kurmi

(The writer can be reached at dipakkurmiglpltd@gmail.com)

Civilisational progress is often measured by how societies treat their most vulnerable members. In India, the protection of vulnerable groups, especially children, has always been a significant concern, and the Indian Constitution exemplifies how a society can institutionalise safeguards for those in need. Yet, despite these advancements, there are times when lapses occur, leaving children, one of the most vulnerable groups, inadequately protected. In particular, sexual exploitation of children remains one of the gravest offences, often committed by individuals exploiting positions of trust. It is in this context that the Protection of Children from Sexual Offences (POCSO) Act of 2012 and the Juvenile Justice Act of 2015 have played a crucial role. These laws have aimed to protect children from sexual offences and ensure the punishment of offenders.

Recently, the Supreme Court took a significant step forward in the fight against child sexual exploitation by ruling that downloading and viewing child sexual exploitative and abuse material (CSEAM) is an offence under the POCSO Act and the Information Technology Act of 2000. The judgement stands as a bold and necessary intervention in addressing the pervasiveness of child sexual abuse material, especially in the digital age. This ruling overruled the earlier observation made by the Madras High Court, which had stated that merely downloading and watching child sexual abuse material without disseminating it did not constitute an offence under the POCSO Act.

The Supreme Court’s verdict must be recognised as a crucial step in safeguarding the rights and dignity of children in India. In its ruling, the Court observed that children are entitled to grow up in an environment that respects their dignity and protects them from harm. CSEAM does the exact opposite—it objectifies children for sexual gratification, strips them of their humanity, and severely violates their fundamental rights. The Court rightly noted that CSEAM is an affront to the dignity of all children, not just the victims depicted in the material. By recognising the devastating and far-reaching impact of such material on its victims, the Court has set the stage for stricter enforcement of existing laws.

Changing the terminology: From “Child Pornography” to CSEAM

One of the most notable aspects of the Supreme Court’s ruling was its emphasis on changing the terminology used to describe such material. The Court directed that the term “child pornography” should no longer be used in judicial orders or judgements and instead replaced with “child sexual exploitative and abuse material” (CSEAM). This change is significant because the term “child pornography” is misleading and trivialises the severity of the crime. It can wrongly imply that the act is a consensual version of adult pornography, which it is not. CSEAM more accurately reflects the reality of these offences, highlighting the egregious nature of the crime and the profound harm inflicted on the child victims.

The Court also requested Parliament to consider amending the POCSO Act to reflect this change in terminology. It is essential for society to understand the magnitude of the crime and for stakeholders—including lawmakers, law enforcement agencies, and the general public — to join forces in eliminating this heinous offense. Parliament should act swiftly to adopt the recommended changes, as the importance of addressing CSEAM cannot be overstated.

Expanding the scope

of accountability

In addition to redefining child pornography, the Supreme Court judgement also expanded the scope of accountability for CSEAM. The ruling clarified that merely viewing such material, even without downloading or disseminating it, constitutes a punishable offence under the POCSO Act. This extension is crucial in addressing the wide reach of the internet and the ease with which individuals can access illegal content. The Court’s decision underscores that ignorance is no defence; anyone in possession of or viewing CSEAM, even unknowingly, is now subject to legal consequences. This stringent stance sends a strong message that CSEAM will not be tolerated in any form.

The Court’s decision also places a greater onus on social media platforms and internet service providers to take proactive measures to prevent the dissemination of CSEAM. Social media intermediaries can no longer claim immunity from liability for third-party information or content they host. To avoid legal repercussions, they must not only remove CSEAM but also report it immediately to the appropriate authorities. Failure to do so could result in legal action against the platforms themselves. This aspect of the ruling is particularly critical, as it ensures that tech companies play a pivotal role in curbing the proliferation of harmful content online.

A multi-faceted approach to combating child sexual exploitation

While the Supreme Court’s ruling is a landmark step, combating child sexual exploitation requires a multi-faceted approach. Legal enforcement alone is not sufficient; societal awareness and education are equally crucial. Families, educators, and communities must work together to protect children from sexual abuse. In many instances, victims and their families are reluctant to report abuse due to fear of social stigma and shame. This silence perpetuates the problem, allowing abusers—who are often close family members or individuals in positions of trust—to continue their predatory behavior. Open conversations about sexual abuse, consent, and protection are essential for breaking this cycle.

The Supreme Court’s ruling should also prompt stronger enforcement of existing laws. The POCSO Act contains stringent provisions, but its diverse interpretations by various high courts have sometimes created legal ambiguities. By clarifying these interpretations, the Supreme Court has provided clear guidelines for the implementation of the law. The involvement of the National Commission for Protection of Child Rights (NCPCR) and its state counterparts (SCPCR) in monitoring and addressing CSEAM is also vital. The NCPCR must be empowered with the necessary technological and legal capabilities to tackle the growing threat of online sexual exploitation of children.

Strengthening institutional

and technological measures

As part of its ruling, the Supreme Court cited the recommendations made by the Rajya Sabha’s Ad-hoc Committee on pornography on social media and its effects on children and society. The committee highlighted the need for stronger technological and institutional measures to combat CSEAM. It recommended that the NCPCR be designated as the nodal agency for dealing with child pornography and be equipped with the necessary tools for cyber policing and prosecution. The Rajya Sabha committee also called for greater cooperation from internet service providers and social media companies in curbing the spread of CSEAM.

The need for technological solutions to address online child exploitation cannot be overstated. As the use of digital technologies increases, so does the risk of children being exposed to harmful content or being groomed by online predators. Law enforcement agencies, tech companies, and civil society organisations must work together to create robust systems for monitoring, reporting, and removing CSEAM from online platforms. Internet service providers must implement more sophisticated filtering systems to block access to illegal content, while social media platforms must adopt stricter community guidelines and ensure swift action against users who violate them.

A call to action

The Supreme Court’s ruling on CSEAM is a wake-up call for India to take decisive action against child sexual exploitation. While legal reforms are critical, the responsibility does not end with the judiciary or Parliament. Parents, educators, law enforcement, tech companies, and society at large must work together to protect children. Children deserve to grow up in an environment that respects their dignity and protects them from harm, and it is the duty of all stakeholders to ensure that this fundamental right is upheld.

The judgement represents an important victory in the fight against child sexual abuse, but much work remains to be done. We must strengthen institutional mechanisms, enhance public awareness, and foster a culture of zero tolerance toward child sexual exploitation. Only then can we hope to build a safer and more just society for our children.