Supreme Court Overturns Madras High Court Ruling on Child Pornography

The Supreme Court on Monday overturned a Madras High Court order that stated viewing and downloading child pornography (child porn, obscene material) is not a crime under the POCSO Act and the IT Act. The bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra stated that viewing and downloading child porn is indeed a crime under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

The bench also issued some guidelines regarding child pornography and its legal consequences. The top court ruled on a petition challenging the Madras High Court’s order, agreeing to hear the petition that contested the earlier decision of the High Court. Previously, the High Court had claimed that merely viewing or downloading child pornography is not an offense under the POCSO Act and the IT Act.

The High Court had canceled criminal proceedings against a 28-year-old man on January 11, who was accused of downloading obscene content related to children on his mobile phone. The High Court remarked that children are currently grappling with the serious issue of pornography, and society should be ‘mature enough’ to educate them rather than punish them.

The Supreme Court took into account the arguments presented by senior advocate H.S. Phulka, who was representing the petitioning organizations, noting that the High Court’s decision was contradictory to the law. Senior advocate Phulka represented the NGO “Just Rights for Children Alliance” based in Faridabad and “Bachpan Bachao Andolan” located in New Delhi, both of which work for children’s welfare.