Adv Bidyut Kakati

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.

Do you know what rights are violated when INTERNET is shut down ?

- Internet shutdowns violate citizens' rights, including the right to freedom of speech and expression (Article 19(1)(a)) and the right to access the internet as part of the right to life and personal liberty (Article 21).

- Shutdowns disproportionately affect marginalized groups who rely on mobile internet, while broadband services remain operational.

- They cause significant disruptions to businesses, medical facilities, and banking sectors, resulting in substantial losses.

- Alternative measures, such as using technology for surveillance, rapid response teams, and improved examination patterns, can address cheating without infringing on citizens' rights.

Internet shutdowns are not a proportionate measure and violate citizens' rights, and that alternative solutions should be explored.

S*x education in schools

Case Details:*

- Aabad Harshad Ponda vs. Union of India and Ors.
- W.P.(Crl.) No. 382/2024

*Case Summary:*

- The Supreme Court has issued a notice in a writ petition seeking directions to incorporate s*x education in school syllabi and sensitize children about anti-r**e laws and the POCSO Act.
- The petition, filed by Senior Advocate Aabad Harshad Ponda, aims to increase awareness about laws related to r**e and s*xual offenses.

*Key Points:*

- The petition seeks directions to the Union, Ministry of Education, Ministry of Information & Broadcasting, and Central Bureau of Film Certification to spread awareness about women's safety laws.
- The Court has agreed to issue notice and will soon deliver a judgment laying down guidelines related to POCSO.

*Directions Sought:*

- Incorporate s*x education in school syllabi, including penal laws related to r**e and other offenses against women and children.
- Impart moral training to ensure awareness about s*xual equality and freedom.
- Educate children about their rights and encourage reporting of incidents without fear.
- Direct authorities to educate the public through advertisements, seminars, and other modes.
- Involve media and popular personalities to spread awareness.