The Supreme Court of India has issued a notice to the accused in a case concerning child pornography, demanding a response within two weeks. This action follows a petition challenging the Kerala High Court’s controversial ruling on the legality of watching pornographic content privately.
The Kerala High Court had previously ruled that viewing pornographic material in private is not a criminal offense under Section 292 of the Indian Penal Code (IPC). However, the court deemed it illegal if the material is shown to others or if there is an attempt to make it public.
The petition against this decision was filed by the NGO Bachpan Bachao Andolan, which advocates for child welfare. The case is being heard by a bench led by Chief Justice D.Y. Chandrachud.
Protection of Children from Sexual Offenses
The Supreme Court’s involvement in this matter follows an earlier decision to reserve judgment on a similar petition against the Madras High Court’s ruling. The Madras High Court had determined that simply viewing or downloading child pornography did not constitute a crime under the Protection of Children from Sexual Offenses (POCSO) Act or the Information Technology Act. The court had acquitted a 28-year-old accused of downloading such material, citing a need for societal maturity in addressing the issue rather than resorting to punishment.
During a recent hearing, senior advocate H.S. Phoolka, representing Bachpan Bachao Andolan, argued that the POCSO Act mandates the immediate deletion of any child pornography. He highlighted that the accused in this case had possessed and continuously viewed the material for two years, raising concerns about the lack of effective enforcement.
The Supreme Court had previously noted that while the act of viewing child pornography may not itself be a crime, the use and distribution of such material involving children is a grave offense. The court’s upcoming hearing will further address these critical issues and the application of relevant legal statutes.
