The Supreme Court of India has recently interpreted
the Protection of Children from Sexual
Offences Act (POCSO Act) to emphasize the government’s responsibility to
provide sex education and raise public awareness about the statute. The Court
highlighted the need for a compassionate approach towards victims, aiming to
help them recover and regain a sense of safety, dignity, and hope. This
involves changing societal attitudes, improving legal frameworks, and ensuring
accountability for perpetrators.
In a significant judgment, the Court ruled that
merely storing “child sexual exploitative and abuse material” (child
pornography) without deleting or reporting it indicates an intention to
transmit, and merely watching such material without downloading it constitutes
“possession” under the POCSO Act. The bench, comprising Chief Justice DY
Chandrachud and Justice JB Pardiwala, interpreted Sections 43 and 44 of the
POCSO Act to include the obligation of imparting sex education and public
awareness.
Section 43 of the POCSO Act
mandates the Central and State Governments to publicize the Act’s provisions
through various media channels to ensure widespread awareness among the public,
children, and their guardians.
Case Details : JUST RIGHTS FOR CHILDREN ALLIANCE vs. S.
HARISH Diary No.- 8562 - 2024
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