Today in History (September 25th, 1916)
Pandit Deendayal Upadhyaya was born in Mathura, Uttar Pradesh, on September 25, 1916. His birth anniversary is observed every year on the same day as Antyodaya Diwas
Summary of Today’s News
Supreme Court Ruling on Child Pornography
Context
The Supreme Court determined that actions such as viewing, downloading, storing, possessing, distributing, or displaying pornographic materials involving children incur criminal responsibility under the Protection of Children from Sexual Offences Act (POCSO) of 2012 and the Information Technology Act of 2000.
Background
• The verdict stemmed from an appeal by the NGO Just Right for Children Alliance, challenging a decision made by the Madras High Court.
• The High Court had ruled that viewing or downloading child pornography in private settings did not constitute a crime under the POCSO Act.
Supreme Court Decision
• The Supreme Court called on Parliament to revise the POCSO Act, suggesting that “child pornography” be replaced with “Child Sexual Exploitation and Abuse Material” (CSEAM).
• The terminology of child pornography may trivialize the seriousness of the offense, as pornography is often perceived as consensual among adults.
• The court noted that Section 67B of the Information Technology Act penalizes the use, distribution, and publication of obscene materials, including child pornography.
• It also criminalizes the browsing, creation, collection, or enticing of children into sexual acts.
• Section 15 of the POCSO Act punishes the possession of child pornography with the intent to share or transmit it.
• The court introduced the concept of ‘constructive possession,’ meaning an individual can be held accountable if they have the power and knowledge to control or alter such materials at any time.
Measures Taken by India to Combat the Issue
• Cyber Crime Unit (CCU): This unit addresses cases related to the POCSO Act and the Information Technology Act.
• Cyber Crime Prevention against Women and Children (CCPWC) Scheme: This initiative aims to create an effective framework to tackle cyber crimes targeting women and children.
• National Commission for Protection of Child Rights (NCPCR): This body collaborates with law enforcement, conducts awareness campaigns, and intervenes to ensure child safety.
• Indian Cyber Crime Coordination Centre (I4C): This center coordinates national efforts to combat cybercrime, including child pornography.
• Cyber Tipline: Operated by the National Center for Missing and Exploited Children (NCMEC), this service is available for reporting incidents of child sexual exploitation.
Conclusion
• The Supreme Court’s ruling represents a significant shift in how child sexual exploitation is perceived and addressed in India.
• The decision emphasizes that society should no longer downplay or mischaracterize these serious offenses.
• The court’s suggestions advocate for a comprehensive strategy that includes legislative reforms, enhanced awareness about sex education in India, and improved support systems to protect children from exploitation and abuse.
