Child sexual abuse will not be stopped by law alone
'Child pornography': No apology at all

Dr. Satyawan Saurabh *

Child sexual exploitation is a pervasive issue that must be dealt with with zero tolerance. This judgment recognizes the mere possession of such material as part of the larger problem of child exploitation. Child pornography is not just an isolated, private crime, but contributes to a global network of abuse, where victims – often vulnerable children – are repeatedly violated through the circulation and consumption of exploitative materials. Offenses relating to child pornography include the storage and possession of such materials. The Court outlined three specific offenses under this section: failure to remove or report child pornographic material; transmission, promotion, or display of child pornography; and storage of child pornographic material for commercial gain. Through these distinctions, the Supreme Court has created a comprehensive legal framework to address the possession and dissemination of child pornographic materials, treating them as offenses of varying degrees depending on the intent and actions of the offender.

Recently, the Supreme Court has given a landmark judgment strengthening the laws against child pornography. According to this judgment, viewing, possessing, or not reporting such objectionable material is punishable under the Protection of Children from Sexual Offences Act, even if the content is not shared.

This judgment represents a significant step towards addressing child exploitation and broadening the accountability of individuals in protecting the rights of children. The Supreme Court suggested to the Parliament to amend the Protection of Children from Sexual Offences Act to replace the term 'child pornography' with 'child sexual exploitation and abuse material'.

In a society grappling with the horrific realities of child abuse and exploitation, this judgment not only overturns the controversial judgment of the Madras High Court but also serves as a strong deterrent to potential offenders. Child sexual exploitation is a widespread issue that must be dealt with zero tolerance.

This judgment recognizes the mere possession of such material as part of the larger problem of child exploitation. Child pornography is not just an isolated, private crime, but contributes to a global network of abuse where victims – often vulnerable children – are repeatedly violated through the circulation and consumption of exploitative materials.

The Supreme Court judgment has expanded Section 15, which now also provides for punishment for viewing or possessing child pornography. Previously, it only provided for punishment for sharing child pornography.

The 2019 amendment introduced punishment only for storing child pornography with the intent to transmit or display it. The Court also broadened the definition of possession to include constructive possession, holding individuals liable even for merely viewing such material without downloading it. A person can be held responsible for the crime even if he watches child pornographic videos online without storing them.

The court clarified that Section 15 also covers minor offenses, with activities such as storing or viewing child pornography being treated as a precursor to committing a major offense. Failure to report viewing of pornography is also now considered a punishable offense.

The Supreme Court suggested renaming ‘child pornography’ to child sexual exploitation and abuse material, bringing India’s laws in line with international standards.

The judgment makes it mandatory for individuals to report any case of child pornography, thereby not limiting accountability to only those who share or store the content. The court emphasized that viewing child pornography online is also a crime, thereby strengthening digital safeguards against child exploitation.

The judgment emphasized the need for a thorough investigation of (intent) by law enforcement agencies to ensure that the gravity of each case is thoroughly investigated. Judicial interventions such as recent Supreme Court judgments enhance accountability, ensuring that even passive consumption of child pornography is punished.

Courts play an important role in standardizing legal definitions related to child protection, such as recommending changes to the term ‘child pornography’. This change ensures that the law reflects the seriousness of child sexual abuse.

By making reporting of child pornography mandatory, judicial intervention reinforces society’s responsibility to protect children from abuse. Judicial intervention and recommendations to change India’s legal framework to international standards reflect India’s commitment to global child protection norms.

Tackling child sexual abuse requires a multi-pronged approach—one that includes not only stringent legal provisions but also social awareness and international cooperation. As technology advances and the internet becomes more pervasive, the avenues for distributing child abuse material increase. Therefore, India’s legal system must keep pace with these developments to effectively deal with such crimes.

Judicial judgments emphasize the role of society in protecting children and ensure that society is held accountable for failing to act on such acts. Such judicial interventions set important precedents for future child protection laws, paving the way for legislation to protect children from abuse in the future.

By broadening the scope of accountability, redefining legal terminology, and mandating strict reporting obligations, this judgment strengthens society’s role in protecting children. Such judicial interventions are crucial in strengthening child rights and ensuring a safer, more responsible society for vulnerable individuals.