Supreme Court Advocates Amendment to POCSO Act Terminology

NEW DELHI, 23 September: The Supreme Court of India has recommended that the Parliament consider amending the Protection of Children from Sexual Offences (POCSO) Act to replace the term “child pornography” with “child sexual exploitative and abuse material” (CSEAM). This suggestion is aimed at reflecting the authenticity of such offences more accurately.

The bench, which included Chief Justice DY Chandrachud and Justice JB Pardiwala, emphasized the need for the change during a landmark judgement delivered on Monday. The court stated that in the interim, the central government could introduce the suggested amendment via an ordinance.

“We put the courts on notice that the term ‘child pornography’ shall not be used in any judicial order or judgement. Instead, the term ‘child sexual exploitative and abuse material’ should be endorsed,” said the bench. In its comprehensive verdict, the Supreme Court also held that the acts of watching and downloading child pornography are punishable under both the POCSO Act, 2012, and the Information Technology (IT) Act.

Further recommendations made by the court include implementing comprehensive sex education programs, enhancing early intervention strategies in schools, and fostering educational efforts about healthy relationships and consent. “These programs should address common misconceptions and provide young people with a clear understanding of consent and the impact of exploitation,” noted the court.

The court suggested the formation of an expert committee by the union government to devise a broad program or mechanism focused on health and sex education. This program would aim to raise awareness about the POCSO Act among children nationally, ensuring a robust approach to child protection and sexual wellbeing.

The bench highlighted the importance of providing support services for victims and rehabilitation programs for offenders, including psychological counseling and therapeutic interventions. Cognitive-behavioral therapy (CBT), according to the court, is effective in modifying the cognitive distortions that lead to such behaviors.

Moreover, the court suggested public awareness campaigns to decrease the prevalence of child sexual exploitation material. Such initiatives should aim to destigmatize reporting and encourage community vigilance.

To further prevent and address problematic sexual behaviors, the court advised the training of educators, healthcare professionals, and law enforcement officers to identify warning signs and respond appropriately. “Intervention strategies for youth with problematic sexual behaviors involve coordinated efforts among various stakeholders,” the court asserted.