Blitz Bureau
INTERPRETING the Protection of Children from Sexual Offences Act (POCSO Act), the Supreme Court has held that Governments have the obligation to impart sex education and create awareness among the general public about the statute, according to Live Law.
The court also underlined the importance of having a sensitive approach towards the victims of POCSO Act offences.
The top court had on September 23 set aside a decision of the Madras High Court which had held that watching pornography involving children in private would not fall within the scope of the Protection of Children from Sexual Offences (POCSO) Act.
The Bench headed by CJI DY Chandrachud has held that mere storage of “child sexual exploitative and abuse material” (child pornography) without deleting or reporting the same would indicate the intention to transmit, and merely watching it without download would amount to “possession” under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
Further, the top court asked all the courts across the country to not use the term “child pornography” in any judicial order or judgment, and instead endorse the term “child sexual exploitative and abuse material (CSEAM).”
The Bench interpreted Sections 43 and 44 of the POCSO Act and held that it also entails imparting sex education and awareness amongst the general public.
“We are of the considered view that the obligation of the appropriate Government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at just spreading awareness about the provisions of the POCSO,” the court said.
Section 43 of the POCSO obligates the Central Government and the State Government to undertake measures and ensure that the provisions of the said Act are given wide publicity through media including the television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the legislation. It further requires the appropriate government to also impart proper training at regular intervals to all government offices such as police on the implementation of the provisions of this Act.
Section 44 of the POCSO on the other hand obligates the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights constituted under the Act to regularly monitor and assist in the implementation of the provisions of this Act.
