HISTORIC WIN FOR CHILD PROTECTION AT SUPREME COURT
- Access to Justice for Children
- Sep 24, 2024
- 2 min read
Updated: Nov 4, 2024
On September 23, 2024, the Supreme Court of India made a critical judgment on the interpretation of the Protection of Children from Sexual Offenses (POCSO) Act, India’s landmark law on child sexual abuse.
The Supreme Court held that downloading, storing, or viewing child sexual exploitation and abuse material on an electronic device are offenses under the POCSO Act. No longer does intent to transmit need to be proved for the possession of CSEAM to be a criminal offense. This ruling came after Just Rights Alliance, comprised of Access to Justice partners, appealed a judgment from the Madras High Court which held that these acts were not crimes under either POCSO or the Information Technology (IT) Act.
The ruling also ended the use of the term ‘child pornography’ by the judiciary, to be replaced by ‘child sexual exploitation and abuse material’ or CSEAM, and made a strong recommendation that POCSO should be amended to reflect this change in terminology.
Another positive aspect of the ruling included the recommendation to create a comprehensive health and sex education program, to be informed by a new Expert Committee, to ensure “a robust and well-informed approach to child protection, education, and sexual well-being”.
This significant adjudication was on the front pages of every media outlet in India (see below).
ODISHA ANNOUNCES IMMEDIATE ACTION AFTER SUPREME COURT RULING
The day after the judgment, the state government of Odisha announced that it will form a dedicated task force to investigate and prosecute cases of CSEAM.
In an official statement, the government reinforced its commitment to child protection, stating "the landmark decision sends a powerful message that the state will not tolerate any form of child sexual exploitation. It reinforces the responsibility of each citizen to protect our children, ensuring their safety and well-being."
