New Delhi: The Supreme Court of India on Monday overturned a controversial judgment by the Madras High Court, ruling that the mere downloading or storing of child pornography constitutes a criminal offense under the Protection of Children from Sexual Offences (POCSO) Act. The apex court held that the High Court had committed an error by stating that possessing such material was not punishable.Madras HC judgment set asideIn a decision that strengthens the fight against child exploitation, the Supreme Court bench, headed by Justice JB Pardiwala, set aside the Madras High Courts earlier order. The High Court ruling had quashed criminal charges against a 28-year-old man who had downloaded child pornographic content on his mobile phone, suggesting that such actions were not offenses under the POCSO or IT Acts.Justice Pardiwala noted, “The HC committed an error in its order, and thus we set it aside. We are remitting the matter back to the sessions court for further proceedings.”SC calls for change in terminologyBeyond the ruling, the Supreme Court made a significant suggestion to Parliament to amend the POCSO Act, recommending that the term child pornography be replaced with Child Sexual Exploitative and Abusive Material. The court also advised the government to enact an ordinance until the legislation is amended to ensure clarity in legal terminology.“We have proposed that Parliament amend the POCSO Act to replace the term child pornography with more precise terminology to reflect the gravity of the crime,” said Justice Pardiwala. “Additionally, we have asked all courts to refrain from using the term child pornography in their orders and instead refer to it as child sexually exploitative material.”Implications of the rulingThe Supreme Courts ruling comes after growing concern over the spread of child sexual abuse material (CSAM) online. While the High Court had raised concerns about societys role in educating children about the dangers of pornography, the apex courts decision underscores that the possession of such material is itself a crime, irrespective of whether it is distributed.
