In a forceful pronouncement on Monday, the Supreme Court addressed the severe and deleterious effects of child sexual exploitative and abuse material (CSEAM), declaring it a grave violation of the fundamental rights and dignity of minors. The apex court underscored that such material not only objectifies children but also strips them of their humanity.
The bench, led by Chief Justice D Y Chandrachud and Justice J B Pardiwala, emphasized that the existence and distribution of CSEAM are not only affronts to the dignity of children but also to society at large. The justices highlighted the necessity for stringent legal action against those involved in the production, distribution, and consumption of such material.
“Child sexual exploitative material is deeply degrading. It reduces children to objects of sexual gratification, thus violating their fundamental rights in the most egregious manner possible,” stated the court.
Delivering a landmark judgment, the court held that watching and downloading child pornography are punishable offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012. This ruling overturns a previous decision by the Madras High Court which had stated that mere downloading and watching child pornography did not constitute an offence under the POCSO and IT Acts.
Justice Pardiwala authored a comprehensive 200-page verdict, asserting that robust and strictly enforced laws are essential to protect children and bring perpetrators to justice. He also addressed the profound impact of CSEAM on victims, which extends to their mental, emotional, and social well-being.
The Supreme Court also touched on the societal challenges faced by victims, such as social stigma, isolation, and severe psychological distress. “Many victims face intense stigmatization, making it difficult to form and maintain healthy relationships due to trust issues and trauma-related challenges,” the court observed.
The justices stressed the importance of comprehensive support systems for victims, including trauma-informed counseling and support groups, which provide safe spaces for victims to process their experiences and begin to heal.
Moreover, the court criticized the common term “child pornography,” advocating instead for “child sexual exploitative and abuse material” (CSEAM) to more accurately reflect the severity and criminal nature of these acts. The term CSEAM emphasizes that such materials are not merely pornographic but are records of actual abuse.
