New Delhi : The Supreme Court on Monday suggested that Parliament should seriously consider bringing an amendment to the POCSO Act for substituting the term “child pornography” with “child sexual exploitative and abuse material” with a view to reflect more accurately the reality of such offences.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said the Centre, in the meantime, may consider to bring about the suggested amendment to the POCSO Act by way of an Ordinance.
“We put the courts to notice that the term ‘child pornography’ shall not be used in any judicial order or judgment, and instead the term ‘child sexual exploitative and abuse material’ (CSEAM) should be endorsed,” the bench said.
The apex court delivered a landmark judgement which held that watching and downloading child pornography are offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology (IT) Act.
In its 200-page verdict, the bench suggested that implementing comprehensive sex education programs that include information about legal and ethical ramifications of child pornography can help deter potential offenders.
“Parliament should seriously consider to bring about an amendment to the POCSO for the purpose of substituting the term ‘child pornography’ with ‘child sexual exploitative and abuse material’ (CSEAM) with a view to reflect more accurately on the reality of such offences,” it said.
On January 11, the high court had quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone.
The apex court directed its registry to send a copy each of its judgment to the principal secretaries of the ministries of law and justice and women and child development for undertaking appropriate course of action.
