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Recently, the Supreme Court issued a landmark judgement strengthening laws against child pornography. It ruled that viewing, possessing, or not reporting such content is punishable under the Protection of Children from Sexual Offences (POCSO) Act, even if the content is not shared. This judgement reflects a significant step in addressing child exploitation, broadening the accountability of individuals in the protection of children’s rights.

Evolving Legal Framework Concerning Child Protection in India:

• Expansion of Section 15 of POCSO: The Supreme Court’s ruling expanded the application of Section 15, which now punishes even viewing or possessing child pornography, not just sharing it.
  For instance: The 2019 amendment introduced penalties for only storing child pornography with the intent to transmit or display it.
• Introduction of Constructive Possession: The court broadened the definition of possession to include constructive possession, holding individuals liable for simply viewing such content without downloading it.
  For example: A person watching child pornographic videos online without storing them can still be held responsible for the offence.
• Inchoate Offences: The court clarified that Section 15 also includes inchoate offences, treating actions like storing or viewing child pornography as preparatory steps toward committing a larger crime.
  For example: Failing to report the viewing of child pornography is now considered a punishable offence.
• Terminology Change to CSEAM: The Supreme Court suggested renaming “child pornography” to Child Sexual Exploitative and Abuse Material (CSEAM), aligning India’s laws with international standards.
• Introduction of Reporting Obligation: The ruling mandates that individuals must report any instances of child pornography, broadening accountability beyond just those who share or store the material.
• Recognition of Online Viewing as an Offence: The court emphasised that merely viewing child pornography online constitutes an offence, strengthening digital safeguards against child exploitation.
• Stricter Investigative Process: The ruling requires law enforcement to investigate mens rea (intent) thoroughly, ensuring that the seriousness of each case is fully examined.

Judicial Interventions Contributing to Strengthening Child Rights:

• Broadening the Scope of Legal Accountability: Judicial interventions like the recent Supreme Court ruling broaden accountability, ensuring that even passive consumption of child pornography is punished.
• Ensuring Uniform Legal Definitions:Courts play a critical role in standardising legal definitions related to child protection, such as recommending the change from “child pornography” to CSEAM.
  For instance: This shift ensures that the law reflects the seriousness of child sexual exploitation.
• Strengthening the Reporting Mechanism: By mandating the reporting of child pornography, judicial interventions reinforce society’s responsibility to protect children from abuse.
• Enhancing Investigative Oversight: Judicial rulings that call for thorough investigations into intent (mens rea) ensure that offenders cannot escape punishment due to technical loopholes.
• Aligning National Laws with International Standards: Judicial interventions help align India’s legal framework with international standards, improving the protection of child rights globally.
  For instance: Recommendations to change legal terminology reflect India’s commitment to global child protection norms.
• Reinforcing the Moral Responsibility of Society: Judicial decisions emphasise the societal role in protecting children, ensuring that even passive bystanders are held accountable for failing to act.
• Precedents for Future Child Protection Laws: Such judicial interventions set important precedents, paving the way for future laws to further protect children from exploitation.
  For instance: The court’s ruling on constructive possession may inspire future legislative amendments to address other forms of child abuse.

By broadening the scope of accountability, redefining legal terminology, and mandating strict reporting obligations, the ruling reinforces society’s role in safeguarding children. Judicial interventions like these are vital in strengthening child rights and ensuring a safer, more responsible society for vulnerable individuals.

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