Supreme Court bats for sex education in schools to tackle child porn menace

The Supreme Court called for the need to have sex education programmes in schools in an effort to mitigate the menace of child pornography. It said that support services should be provided for the victims and rehabilitation programmes for the offenders.

In Short

• Supreme Court says watching child porn amounts to possession under Pocso Act
• Bats for support services for victims and rehabilitation for offenders
• Calls for awareness campaigns to tackle menance of viewing child porn

The Supreme Court on Monday held that watching child pornography over the Internet without downloading would amount to having possession of such material under Section 15 of the Protection of Children from Sexual Offences (Pocso) Act and stressed having sex education in schools.

"Any act of viewing, distributing or displaying etc of any child pornographic material by a person over the Internet without any actual or physical possession or storage of such material in any device or in any form or manner would also amount to possession in terms of Section 15 of the Pocso Act, provided the said person exercised an invariable degree of control over such material, by virtue of the doctrine of constructive possession," the Supreme Court said.

SEX EDUCATION IN SCHOOLS

A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala said, "Implementing comprehensive sex education programmes that include information about the legal and ethical ramifications of child pornography can help deter potential offenders. These programs should address common misconceptions and provide young people with a clear understanding of consent and the impact of exploitation."

"One prevalent misconception is that sex education encourages promiscuity and irresponsible behaviour among young people. Critics often argue that providing information about sexual health and contraception will lead to increased sexual activity among teenagers. However, research has shown that comprehensive sex education actually delays the onset of sexual activity and promotes safer practices among those who are sexually active," the bench said.

The court took note of sex education being viewed as a Western concept that does not align with traditional Indian values. "The court says such common belief has led to resistance from various state governments in implementing sex education programmes in schools," the bench said.

"This is what causes teenagers and young adults to turn to the Internet, where they have access to unmonitored and unfiltered information, which is often misleading and can plant the seed for unhealthy sexual behaviours," it added.

Citing the Jharkhand government's Udaan programme on sex education, the Supreme Court highlighted that sex education not only covers biological aspects of reproduction but encompasses a wide range of topics, including consent, healthy relationships, gender equality and respect for diversity.

"Positive sex education promotes healthy attitudes towards sexuality and relationships, which can counteract the distorted perceptions often associated with the consumption of child pornography. It can also help foster greater empathy and respect for others, reducing the likelihood of engaging in exploitative behaviours," it said.

"Comprehensive sex education programs also teach youth about the importance of consent and the legal implications of sexual activities, helping them understand the severe consequences of viewing and distributing child pornography," the bench stated.

SUPPORT FOR VICTIMS, REHAB FOR OFFENDERS

The Supreme Court said that support services should be provided for the victims and rehabilitation programmes for the offenders. "These services should include psychological counselling, therapeutic interventions, and educational support to address the underlying issues and promote healthy development," it said.

"For those already involved in viewing or distributing child pornography. Cognitive behavioural therapy (CBT) has proven effective in addressing the cognitive distortions that fuel such behaviour. Therapy programmes should focus on developing empathy, understanding the harm caused to victims and altering problematic thought patterns," the bench said.

RAISING AWARENESS

The court said raising awareness about the realities of child sexual exploitative material and its consequences through public campaigns can help reduce its prevalence. "These campaigns should aim to destigmatise reporting and encourage community vigilance," it said.

"Identifying at-risk individuals early and implementing intervention strategies for the young people with problematic sexual behaviours (PSB) involves several steps and requires a coordinated effort among various stakeholders, including educators, healthcare providers, law enforcement, and child welfare services," the judgment read.

TRAINING TO BE IMPARTED

The court underlined that educators, healthcare professionals and law enforcement officers should be imparted training to identify signs of PSB. "Awareness programmes can help these professionals recognise early warning signs and understand how to respond appropriately," the judgement stated.

"Schools can also play a crucial role in early identification and intervention. Implementing school-based programmes that educate students about healthy relationships, consent, and appropriate behaviour can help prevent PSB," the bench said.

The bench added that the Centre can consider constituting an expert committee tasked with devising a comprehensive programme or mechanism for health and sex education, raising awareness about the Pocso Act among children across the country from an early age, thereby, ensuring a robust and well-informed approach to child protection, education, and sexual well-being.

PARLIAMENT SHOULD CONSIDER BRINGING AMENDMENT

The Supreme Court said Parliament should "seriously consider" bringing an amendment to the Pocso Act for the purpose of substituting the term 'child pornography' with 'child sexual exploitative and abuse material' to reflect more accurately on the reality of such offences.

"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' should be endorsed," the judgment said.