On January 11, the Madras High Court revoked the criminal case against S Harish, a 28-year-old man who was charged by the prosecution with downloading and possessing child pornography on his mobile phone.
This case was quashed by the High Court against Harish under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Information Technology Act, 2000.
On April 19, the High Court gave Harish relief because to be guilty under Section 67-B of IT Act, 2000, the accused must've published, transmitted, or created the pornographic content in question showcasing children being used for sexual acts/ conduct. The section doesn't mention that watching child pornography is an offense. The Supreme Court rescinded its decision that downloading or possessing child pornographic content is not an offense under the POSCO Act. The SC bench consisted of Justice JB Pardiwala and Chief Justice of India DY Chandrachud who reserved the decision by giving equal consideration to both sides. However, they stated that watching porn or children watching and possessing pornographic content may not be an offense but children being used in porn is a serious matter and an offense.
Challenging this judgment, the NGO- 'Just Right for Children Alliance' and New Delhi-based 'Bachpan Bachao Andolan' NGO sought the court to reconsider the decision being made for downloading pornography and requested appropriate actions to be taken against the accused.
Senior attorney HS Phoolka, who was representing these two organizations invoked the POSCO and IT Act. He made a valid point by saying that the POSCO Act does say that if you have a video/ photo, immediately delete it. But in this case, according to a report of NETMEG, the accused had this content on his mobile for two years and has watched it repetitively over these two years.
Justice Pardiwala inquired if keeping a WhatsApp video is an offense. The attorney of the accused clarified that Harish had the video in his phone only because it was auto-downloaded. He didn't voluntarily download it. The top court highlighted that to avoid any serious legal repercussions, delete such videos/ photos from your phone immediately. Failing to do so is an offense under relevant laws. The Supreme Court has given permission to the National Commission for Protection of Child Rights (NCPCR) to provide their opinion and written arguments by April 22nd.
People might be encouraged to watch and download child porn since it's not considered as an offense. This will in turn send a wrong message to youngsters. The demand for child porn and misconduct of children for sexual acts will also be heightened if people are allowed to watch it.
In January'24, the Madras High Court determined that downloading child pornography is not an offense as it is done in one's privacy without affecting other individuals and it does not violate the IT or POSCO Act.
'Just Rights for Children Alliance' and 'Bachpan Bachao Andolan' have requested the High Court to overturn this decision as this might harm society. People might be encouraged to watch and download child porn since it's not considered as an offense. This will in turn send a wrong message to youngsters. The demand for child porn and misconduct of children for sexual acts will also be heightened if people are allowed to watch it.
Since this event has sparked controversial opinions among people, a bound was created on one of the finest healthcare professional platforms, the MedBound app, and here were the replies:
Dr. Yogeeta VH, BDS, said that child porn is unnatural and should be banned, and Sushmita Bhandary, M. Pharm (Pharmacology), had a similar notion as she replied to this bound by saying it is wrong and child pornography exploits kids.
Aniket Bakare, MBBS Student, said that using children in pornography is a serious crime and protecting children from exploitation should be the top priority. Akashita Panjla, M.Sc. Science and Technology Communication, with a similar opinion, said it is necessary to protect children from this kind of assault. Although watching child pornography may not always be illegal, using it is an offense. There should be strict laws and awareness campaigns to stop this.
Dr. Nirainila Joseph, MDS, also gave her insight and believes that the production of child porn and consuming such child pornographic content is morally reprehensible.
(Input from various sources)
(Rehash/Aditi Madathingal/MSM)