![[Child Sexual Abuse Material] "Devise a Program for Sex Education to Address Problematic Sexual Behavior, Internet Misinformation": CJI To Central Govt](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-383.png?fit=820%2C462&ssl=1)
Today(23rd Sept), The Supreme Court called for comprehensive sex education programs to improve youth understanding of consent and exploitation. It highlighted that misconceptions and social stigma in India create significant knowledge gaps among adolescents regarding sexual health.
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NEW DELHI: Today(23rd Sept), The Supreme Court of India has emphasized the urgent need for comprehensive sex education programs across the nation to address the gaps in understanding about consent, sexual health, and the consequences of exploitation.
Today, a Bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justice JB Pardiwala, urged the Central government to consider establishing an Expert Committee to create a holistic and effective health and sex education curriculum.
The Court recognized the persistent misconceptions and social stigmas surrounding sex education in India, leading to a reluctance to discuss sexual health openly. This hesitancy creates significant gaps in knowledge, especially among adolescents, who are left without the necessary information to make informed decisions regarding their sexual health.
The Court stated that in India, many conservative views persist, particularly among parents and educators, who often believe that talking about sex is inappropriate or even immoral.
“A common misconception is that sex education promotes promiscuity and irresponsible behavior among young people.”
-the Court observed.
This misconception has been a significant barrier in implementing effective sexual health programs in schools.
The Bench further addressed the concern that providing adolescents with information on sexual health and contraception would promote early sexual activity. Critics often argue that sex education leads to “increased sexual activity among teenagers.” However, the Court, citing research, countered this notion, highlighting that comprehensive sex education “actually delays the onset of sexual activity and promotes safer practices among those who are sexually active.”
Another key point discussed was the common belief that sex education is a Western concept that conflicts with traditional Indian values. This belief, the Court noted, has led to opposition from various State governments, which resist implementing sex education programs in schools. Such resistance, the Court explained, hampers efforts to equip young people with accurate information.
“This resistance obstructs the implementation of comprehensive and effective sexual health programs, leaving many adolescents lacking accurate information.”
– the Court asserted.
As a result, young individuals often turn to the internet for answers, where they may encounter
“unmonitored and unfiltered information that is often misleading and can foster unhealthy sexual behaviors.”
Despite the challenges, the Court acknowledged some success stories in India’s effort to promote sex education. Programs like the Udaan initiative in Jharkhand were mentioned as examples of how well-planned and executed sexual health education can make a positive impact.
The Supreme Court emphasized that sex education is not limited to the biological aspects of reproduction. It also covers crucial topics like consent, healthy relationships, gender equality, and respect for diversity. The Court highlighted that addressing these broader topics is “crucial for reducing sexual violence and promoting gender equity.”
The Supreme Court further explained that comprehensive sex education has the potential to promote healthy attitudes toward sexuality and relationships.
“Positive sex education fosters healthy attitudes toward sexuality and relationships, helping to counteract the distorted perceptions often linked to the consumption of child pornography.”
-the Court noted.
The Court stressed that such education can also “help foster greater empathy and respect for others, reducing the likelihood of engaging in exploitative behaviours.” This includes teaching youth about the importance of consent and the legal implications of sexual activities, particularly in the context of viewing and distributing child sexual abuse material (CSAM). Comprehensive education on these topics can help adolescents understand “the severe consequences of viewing and distributing child pornography.”
The Supreme Court also discussed the obligations under the Protection of Children from Sexual Offences (POCSO) Act. Section 43 of the POCSO Act requires both Central and State governments to take measures to ensure that the provisions of the Act are widely publicized, including making children, parents, and guardians aware of the legislation.
The Court also referred to Section 44 of the POCSO Act, which tasks the National and State Commissions for Protection of Child Rights with monitoring and assisting in the implementation of the Act’s provisions.
However, the Court expressed that the obligation does not end with mere awareness.
“We believe that the responsibilities of the appropriate government and the commission under Sections 43 and 44 of the POCSO extend beyond merely raising awareness about the provisions of the Act.”
-the Court said.
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Given that one of the key objectives of the POCSO Act is the deterrence of child sexual abuse and exploitation, the Court opined that this obligation must also include-
“the provision of sex education and awareness to the general public, including children, parents, and guardians, especially in schools and educational settings.”
The Court further called on the government and commissions to go beyond the literal interpretation of these provisions and take into account the practical necessities required to combat child abuse, exploitation, and pornography addiction.
“The actions and initiatives of the government and commissions must extend beyond the literal interpretation of these provisions and genuinely consider the practical needs and requirements for addressing child abuse, exploitation, and pornography addiction.”
– the Court remarked.
The Court emphasized that efforts by the government and commissions must transcend the textual interpretation of the law, addressing the practical necessities needed to combat child abuse, exploitation, and pornography addiction.
In its concluding remarks, the Court called for a collective effort to protect and support victims of child exploitation.
“Ultimately, it is our shared responsibility to ensure that victims of child pornography receive the care, support, and justice they rightfully deserve.”
– the Court said.
By fostering a compassionate and understanding society, it added-
“we can assist them in finding their way to recovery and restoring their sense of safety, dignity, and hope.”
The Court further advocated for a shift in societal attitudes towards victims and called for improvements in legal frameworks to provide better protection.
“This involves transforming societal attitudes toward victims, enhancing legal frameworks to safeguard them, and ensuring that perpetrators are held accountable.”
-it concluded.