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Child Sexual Exploitative and Abuse Material

Posted 17 Oct 2024

Updated 22 Oct 2024

6 min read

Why in the News?

Supreme Court penalised the possession and storage of Child Sexual Exploitation and Abuse Material (CSEAM) under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Judgement of Supreme Court

  • Overturned High Court Ruling: Supreme Court overturned a Madras High Court ruling that held that mere possession of child pornographic material does not violate the law unless the individual had actively used a child or children for pornographic purposes. 
  • Criminalized CSEAM Possession: Supreme Court concluded that not only physical possession but also “constructive possession (power to control combined with knowledge of that control)” would fall under Section 15 of POCSO Act, even if the person did not actively produce or distribute the content.
    • Section 15 of POCSO Act penalizes the storage or possession of pornographic material involving children.
  • Common Malevolent Intent: Though practically different, both the acts of viewing CSEAM and engaging in child sexual abuse share a "common, malevolent intent: the exploitation and degradation of a child for the sexual gratification of the abuser."
  • Violation of Fundamental Rights: Supreme Court held CSEAM to be violative of the fundamental rights of children, especially right to live with dignity.
  • Change in Terminology: Supreme Court has directed Courts across the country to abstain from using the term "child pornography" and instead use "Child Sexual Exploitative and Abuse Material" (CSEAM).
    • Court suggested to the Parliament to amend the POCSO Act to replace the term and asked Union Government to issue an ordinance in the meantime. 

Impact of CSEAM

  • Psychological Trauma that can manifest as depression, anxiety and post-traumatic stress disorder
  • Victimization Cycle exacerbating feelings of shame, guilt and worthlessness
  • Dehumanization where child is treated as a commodity to be consumed
  • Social Impact including intense social stigmatization and isolation
  • Economic Impact such as academic underachievement, difficulty in securing employment and economic hardships

Suggestions of the Supreme Court

  • Sex Education: Implementing comprehensive sex education programs that include information about the legal and ethical ramifications of child pornography. 
    • These programs should provide young people with a clear understanding of consent and the impact of exploitation.
    • Court stressed on successful sex education programs like Udaan program in Jharkhand.
  • Constitution of Committee: Union of India may consider constituting an Expert Committee tasked with devising a comprehensive program for health and sex education, as well as raising awareness about the POCSO among children.
  • Support and Rehabilitation: Providing support services to the victims and rehabilitation programs for the offenders. 
    • These services should include psychological counselling, therapeutic interventions, and educational support to address the underlying issues and promote healthy development. 
  • Early Identification of At-Risk Youth: Identifying at-risk individuals early and implementing intervention strategies for youth with problematic sexual behaviours (PSB). 
  • Obligation of Government: POCSO obligates Central and State Governments to undertake measures and ensure that its provisions are given wide publicity through media including the television, radio and print media.
  • Compassionate Society: Society needs to adapt sensitive approach towards victims of POCSO Act offences by behavioral change, improving legal frameworks to protect them and ensuring that perpetrators are held accountable. 

POCSO Act 2012

  • Objective: POCSO is a self-contained comprehensive legislation for the purpose of enforcing the rights of all children to safety, security and protection from sexual abuse and exploitation.
    • It gives due regard for safeguarding the interest and well-being of the child at every stage of judicial process, incorporating child friendly procedures for reporting, recording of evidence, investigation and trial of offences.
  • Offences: There are three broad categories of sexual offences punishable under POCSO: Sexual Assault, Sexual Harassment, and using a child for pornography. 
    • POCSO defines 'child' as someone below 18 years of age.
  • 2019 Amendment: It introduced more stringent punishment including the death penalty for committing sexual crimes on children.
  • Special Court: POCSO Rules provides that special court may pass an order for interim compensation to meet the needs of the child for relief or rehabilitation.
    • According to a report by India Child Protection, Fast-Track Special Courts are much more efficient than other courts in handling POCSO cases (For more detail on Fast-Track Special Courts, refer to box at the end of the article). 

Other Measures to protect Children

  • Information Technology (IT) Act: Amendments in 2008 widens the scope of the IT Act, 2000 by identifying offences to which children are most vulnerable.
    • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 aims to curb the circulation of CSEAM on social media platforms. 
      • Rules make it mandatory for social media intermediaries to develop tools to identify CSEAM and block user access to such content. 
  • Juvenile Justice (Care and Protection of Children) Act 2015: Defines a child in need of care and protection as one who has been, is being, or is likely to be abused, tortured, or exploited for sexual or illegal purposes.
  • Bharatiya Nyaya Sanhita: Chapter V deals with offences against woman and child, especially sexual offences. 
  • National Action Plan for Children 2016: It focuses efforts on preventing crimes against children, especially sexual offences. 
  • Ratification of UN Convention on the Rights of the Child (CRC) 1990: India also acceded to the CRC which further strengthens the CRC’s provisions for online and offline offences against children.

Conclusion

The Supreme Court's decision marks a significant shift in the legal landscape concerning child sexual exploitation in India. By criminalizing mere possession of CSEAM and expanding legal protections for children, the Court has set the stage for stronger enforcement of child protection laws.

According to a report by India Child Protection, FTSCs are much more efficient than other courts in handling rape cases and those related to POCSO Act.

  • Government created the FTSC scheme in 2019 to set up FTSCs across the country, along with special POCSO courts, for expeditious disposal of rape and POSCO act cases. 
    • Ministry of Law and Justice is implementing the scheme through State/UT governments and High Courts in close coordination. 
    • It is a Centrally Sponsored Scheme, extended till March 2026.
    • Members of FSTC: Each court comprises of 1 Judicial Officer and 7 Staff Members.

Key highlights of Report: 

  • With an 83% disposal rate in 2022, and a 94% disposal rate in 2023, FTSCs demonstrated higher efficiency
    • In contrast, disposal rates of rape and POCSO cases across all courts were alarmingly low, with only 10% of cases disposed in 2022
  • As of August 2024, total 755 FTSCs, including 410 exclusive POCSO courts, are functional out of 1023 earmarked courts
  • India would need to include at least 1,000 more FTSCs in the scheme to clear all pending rape and POCSO cases across the country. 
    • 24% of Nirbhaya Fund remain unutilized and unallocated, through which additional FTSCs can easily operate for at least 2 years. 
  • Tags :
  • Protection of Children from Sexual Offences (POCSO) Act
  • Fast Track Special Courts
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