Watching, possessing child porn a crime: SC

The Supreme Court of India recently delivered a landmark judgment regarding child pornography, establishing critical clarifications on related laws and emphasizing the need for comprehensive changes in terminology and approach to child sexual exploitation.

Key Points from the Judgment:

• Terminology Change: The Court rejected the term "child pornography" as a misnomer, coining the term "child sexual exploitative and abuse material" (CSEAM) to reflect the serious nature of the crime, emphasizing the exploitation and abuse involved.
• Legal Implications: The judgment clarifies that both Section 15 of the Protection of Children from Sexual Offences (POCSO) Act and Section 67B of the Information Technology (IT) Act penalize not only the creation and distribution but also the storage and viewing of CSEAM.
• Mandatory Reporting: The Court mandated that social media intermediaries must report instances of child abuse to local authorities, reinforcing that compliance with the IT Act does not exempt them from responsibilities under the POCSO Act.
• Comprehensive Sex Education: The judgment stressed the importance of positive, age-appropriate sex education to combat misconceptions and prevent youth from engaging in harmful sexual behaviors, including the distribution and viewing of CSEAM.
• Focus on Intent: The judgment outlined specific provisions under Section 15 of POCSO, categorizing different offenses based on intent, such as:
  • Sub-section (1): Storage with intent to transmit.
  • Sub-section (2): Actual transmission or facilitation.
  • Sub-section (3): Storage for commercial gain.
• Presumption of Culpability: The Court noted that a statutory presumption of culpable mental state can be invoked if foundational facts of the offense are established.
• Recommendations: The Court suggested that the government amend the POCSO Act to reflect the new terminology and recommended comprehensive sex education programs, victim support services, and community awareness campaigns.
• Expert Committee: The Court proposed forming an Expert Committee to develop a nationwide strategy for health and sex education, emphasizing child protection and well-being.

Causes of Child Abuse

Impact

• Mental Health Issues: Survivors often face depression, anxiety, post-traumatic stress disorder (PTSD), and dissociation. Feelings of shame, guilt, and worthlessness are common, affecting overall quality of life.
• Health Issues: There can be physical manifestations of trauma, such as chronic pain, gastrointestinal problems, and other stress-related ailments.
• Risk of Re-Victimization: Survivors may be at increased risk for further victimization or abusive relationships, often due to learned behaviors and vulnerability.
• Substance Abuse: Some survivors may turn to drugs or alcohol as a way to cope with emotional pain, leading to potential substance abuse issues.
• Impact on Life Success: The trauma can hinder educational attainment and career prospects, affecting concentration, motivation, and interpersonal skills.
• Risky Behaviors: In some instances, survivors may engage in delinquent behavior or criminal activities as a response to their trauma.
• Social Isolation: Emotional consequences often lead to social withdrawal, isolating survivors from friends, family, and community support.