Supreme Court deems child sexual exploitative material deeply degrading to minors' dignity

Supreme Court/ File pic

The Supreme Court found that child sexual exploitative material (CSEAM) violates minors' dignity and transforms them into sexual objects. This infringes their fundamental rights, the court said on Monday. A bench, led by Chief Justice DY Chandrachud and Justice J B Pardiwala, emphasised that all children ought to grow up in an environment that respects their dignity and keeps them safe. They regarded CSEAM as a serious offence not only to the victims but to all children, reported PTI.

According to the report, the court stressed the urgent need for strict action against those who create, share, or consume CSEAM. This includes strong legal penalties and preventive measures such as education and awareness campaigns. It confirmed that watching or downloading child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice Pardiwala, who penned a lengthy 200-page decision, urged strict implementation of legislation to ensure that offenders are punished and children are protected from damage.

The court found that CSEAM has a terrible and long-term impact on victims' mental, emotional, and social well-being. Victims frequently endure considerable social stigma, making it difficult for them to form meaningful relationships because of trust issues and trauma, the report stated

The court noted that the continued sharing and viewing of such material causes more hardship for victims, impairing their healing process. Each additional instance of viewing or spreading the material is another violation, jeopardising its recovery.

According to the report, to help victims restore their lives, the court underlined the significance of compassionate and comprehensive care. Therapeutic therapies, such as trauma-informed counselling and support groups, can assist victims in processing their experiences and healing. In addition, victims require legal and social support services in order to negotiate their situations and reconstruct their lives.

The court determined that any act of sexual abuse produces long-term bodily and emotional trauma. However, spreading this abuse through pornographic content exacerbates the trauma, leaving lasting psychological scars.

The justices also questioned the wording employed, claiming that the term "child pornography" is deceptive and trivialises the offence. They suggested that the term "child sexual exploitative and abuse material" (CSEAM) better conveys the fact that these photographs and videos depict actual cases of child abuse.

Finally, the Supreme Court overruled a Madras High Court decision that stated that simply downloading or viewing child pornography was not a crime under the POCSO Act or the IT Act. This decision came in response to a challenge to the previous ruling.

With PTI inputs