Why in the News?

Supreme Court penalised the possession and storage of Child Sexual Exploitation and Abuse Material (CSEAM) under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Judgement of Supreme Court

• Overturned High Court Ruling: Supreme Court overturned a Madras High Court ruling that held that mere possession of child pornographic material does not violate the law unless the individual had actively used a child or children for pornographic purposes. 
• Criminalized CSEAM Possession: Supreme Court concluded that not only physical possession but also “constructive possession (power to control combined with knowledge of that control)” would fall under Section 15 of POCSO Act, even if the person did not actively produce or distribute the content.
  • Section 15 of POCSO Act penalizes the storage or possession of pornographic material involving children.
• Common Malevolent Intent: Though practically different, both the acts of viewing CSEAM and engaging in child sexual abuse share a "common, malevolent intent: the exploitation and degradation of a child for the sexual gratification of the abuser."
• Violation of Fundamental Rights: Supreme Court held CSEAM to be violative of the fundamental rights of children, especially right to live with dignity.
• Change in Terminology: Supreme Court has directed Courts across the country to abstain from using the term "child pornography" and instead use "Child Sexual Exploitative and Abuse Material" (CSEAM).
  • Court suggested to the Parliament to amend the POCSO Act to replace the term and asked Union Government to issue an ordinance in the meantime. 

Impact of CSEAM

• Psychological Trauma that can manifest as depression, anxiety and post-traumatic stress disorder
• Victimization Cycle exacerbating feelings of shame, guilt and worthlessness
• Dehumanization where child is treated as a commodity to be consumed
• Social Impact including intense social stigmatization and isolation
• Economic Impact such as academic underachievement, difficulty in securing employment and economic hardships

Suggestions of the Supreme Court

• Sex Education: Implementing comprehensive sex education programs that include information about the legal and ethical ramifications of child pornography. 
  • These programs should provide young people with a clear understanding of consent and the impact of exploitation.
  • Court stressed on successful sex education programs like Udaan program in Jharkhand.
• Constitution of Committee: Union of India may consider constituting an Expert Committee tasked with devising a comprehensive program for health and sex education, as well as raising awareness about the POCSO among children.
• Support and Rehabilitation: Providing support services to the victims and rehabilitation programs for the offenders. 
  • These services should include psychological counselling, therapeutic interventions, and educational support to address the underlying issues and promote healthy development. 
• Early Identification of At-Risk Youth: Identifying at-risk individuals early and implementing intervention strategies for youth with problematic sexual behaviours (PSB). 
• Obligation of Government: POCSO obligates Central and State Governments to undertake measures and ensure that its provisions are given wide publicity through media including the television, radio and print media.
• Compassionate Society: Society needs to adapt sensitive approach towards victims of POCSO Act offences by behavioral change, improving legal frameworks to protect them and ensuring that perpetrators are held accountable. 

Conclusion

The Supreme Court's decision marks a significant shift in the legal landscape concerning child sexual exploitation in India. By criminalizing mere possession of CSEAM and expanding legal protections for children, the Court has set the stage for stronger enforcement of child protection laws.