In 2023, India reported 35,000 child pornography cases, a 25% increase from the previous year. Legal frameworks like the POCSO Act and the IT Act aim to combat this exploitation, but enforcement remains challenging due to technology and public unawareness. The Supreme Court emphasized the need for sex education as a preventive measure.
![[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?resize=447%2C367&ssl=1)
The Supreme Court overturned a Madras High Court ruling that viewing child pornography in private isn’t an offence under the POCSO Act. It ruled that intentions to gain from such acts are crucial in deciding violations. The Court also urged a terminology change to ‘child sexually abusive and exploitative material’ for legal clarity.
The Karnataka High Court reversed its ruling on child pornography, acknowledging an oversight and recalling its previous decision to allow further investigation. Justice Nagaprasanna emphasized that judges are human and can make mistakes, stating that continuing with an erroneous decision is not heroic. The Court allowed the recall based on inherent powers.
The Delhi High Court criticized a lower court’s decision to discharge two individuals accused of child pornography involvement, citing procedural errors. A public interest litigation challenged the decision, leading the high court to convert it into a suo motu revision petition. The court ordered a reassessment of the evidence and appointed an advocate to assist. A notice was issued to the accused for explanation. The CBI decided not to appeal the lower court’s ruling. The High Court clarified that PIL is generally not entertained in criminal matters.
Today(on 19th April), The Supreme Court of India has reserved its judgment on the legality of downloading and viewing child pornography under the current legal framework, challenging a prior decision by the Madras High Court. The case involves complex legal interpretations surrounding the possession and intent of child pornography, sparking a broader societal discussion on youth pornography addiction and exploitation.
Today (11th March): The Supreme Court raised concerns over the Madras High Court’s ruling that downloading child pornography is not an offense. The accused was acquitted based on the decision. The apex court issued notices to the Tamil Nadu Police and the accused, challenging the ruling. The High Court justified its stance, citing privacy and lack of impact on others.