New Delhi: The Supreme Court on Monday suggested that Parliament should seriously consider bringing an amendment to the POCSO Act for substituting the term “child pornography” with “child sexual exploitative and abuse material” with a view to reflect more accurately the reality of such offences.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said the Centre, in the meantime, may consider to bring about the suggested amendment to the POCSO Act by way of an Ordinance.
The Supreme Court has suggested to the Parliament to amend the Protection of Children from Sexual Offences Act (POCSO Act) to replace the term ‘Child Pornography’ with ‘Child Sexual Exploitative and Abuse Material’ (CSEAM). The Court also asked the Union Government to issue an ordinance in the meantime to effect such an amendment.
“We put the courts to notice that the term ‘child pornography’ shall not be used in any judicial order or judgment, and instead the term ‘child sexual exploitative and abuse material’ (CSEAM) should be endorsed,” the bench said.
The Court emphasized that the use of the term “child pornography” belittles the criminal act and the trauma faced by the victim. Since the concept of ‘pornography’ suggests voluntary sexual act between two adults, using this term for a grave offence against children would not be appropriate.
“One must also be mindful of the fact that the term “child pornography” is a misnomer that fails to capture the full extent of the crime. It is important to recognize that each case of what is traditionally termed “child pornography” involves the actual abuse of a child. The use of the term “child pornography” can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It undermines the victimization because the term suggests a correlation to porno
The bench explained that the term “child sexual exploitative and abuse material” or “CSEAM” was more accurate to represent the exploitation and heinousness of the act committed upon children.
“The term “child sexual exploitative and abuse material” or “CSEAM” more accurately reflects the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.
The term “child sexual exploitative and abuse material” (CSEAM) rightly places the emphasis on the exploitation and abuse of the child, highlighting the criminal nature of the act and the need for a serious and robust response. We are conscious that in the preceding parts of this judgment, we have used the term “child pornography”, however the same has been done only for the purposes of giving a better understanding of the nuances involved in the present matter. We further forbid the courts from across the country.
Appearances: Senior Advocate HS Phoolka (for petitioner), Senior Advocate Swarupama Chaturvedi (for NCPCR, intervenor supporting petitioner), Prashant S. Kenjale (for accused), D Kumanam (for the State of TN, supporting petitioner)
