Supreme Court Expresses Concern Over Use of Children in Pornography

The Supreme Court of India has expressed grave concern over the use of children in pornographic materials while reserving its verdict on an appeal challenging a Madras High Court ruling. The Madras High Court had previously held that downloading and watching child pornography is not an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) law.

The Supreme Court bench, comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala, stated that while a child watching porn may not be an offence, the use of children in pornography is a matter of "serious concern" and may constitute an offence. The court also noted that if one receives such material, it must be swiftly deleted or destroyed to avoid scrutiny under the relevant laws.

The appeal was filed by NGOs challenging the Madras High Court's decision to quash criminal proceedings against a man accused of downloading child pornographic content. The petitions argue that the High Court's judgment could increase the demand for child pornography and encourage people to involve unsuspecting children in such content.

Why this matters: The Supreme Court's ruling on this matter will have significant implications for the protection of children from sexual exploitation and the interpretation of laws related to child pornography in India. The outcome could set an important precedent for future cases and shape the legal framework surrounding this sensitive issue.

During the hearing, the Supreme Court discussed the provisions of the IT Act and the POCSO Act, focusing on the intent required to constitute an offence. The court allowed the National Commission for Protection of Child Rights (NCPCR) to intervene in the case and submit written arguments by Monday, April 22, 2024.

The Madras High Court had earlier raised concerns about the harmful effects of pornography on teenagers and stressed the need for proper education and counseling to address this issue. The Supreme Court's observations indicate a strong stance against the use of children in pornographic materials, emphasizing the seriousness of the offence and the need for strict legal action against those implicated.

Key Takeaways

• SC expresses grave concern over use of children in pornography.
• Madras HC ruled downloading/watching child porn not an offence under POCSO/IT law.
• SC: Receiving such material must be swiftly deleted to avoid legal scrutiny.
• SC allowed NCPCR to intervene and submit arguments on the matter.
• SC's ruling will set precedent on legal framework for child pornography in India.