23/09/2024
The Supreme Court of India has made a landmark judgment regarding child s*xual exploitative and abuse material (CSEAM), also known as child po*******hy. In a 200-page ruling, the court has clarified several key points:
- *Storage and Possession*: Mere storage of CSEAM without deletion or reporting indicates an intention to transmit, and watching it without downloading amounts to "possession" under the Protection of Children from S*xual Offences Act, 2012 (POCSO Act) ¹ ² ³.
- *Terminology*: The court has directed all courts to replace "child po*******hy" with "child s*xual exploitative and abuse material" (CSEAM) in judgments and orders, as the former term trivializes the gravity of the offense ¹ ².
- *Intention to Transmit*: The court held that intention to transmit can be gauged from the failure to delete or report CSEAM, and that possession includes constructive possession, where an individual has control over the material ² ³.
- *Comprehensive Directions*: The court provided six comprehensive directions to prevent and address CSEAM, including:
- *Comprehensive S*x Education*: Implementing programs that address legal and ethical ramifications, consent, and exploitation ¹.
- *Support Services*: Providing psychological counseling, ther**eutic interventions, and educational support to victims and offenders ¹.
- *Public Awareness*: Raising awareness about CSEAM consequences through public campaigns ¹.
- *Early Intervention*: Identifying at-risk individuals and implementing intervention strategies ¹.
- *School-Based Programs*: Educating students about healthy relationships, consent, and appropriate behavior ¹.
- *Expert Committee*: Constituting an expert committee to devise a comprehensive program for health and s*x education, and raising awareness about POCSO ¹.
