Supreme Court Examines Child Pornography Laws: Challenges Kerala High Court's Controversial Ruling

The Supreme Court of India has issued notice in a petition by Just Rights For Children Alliance challenging a Kerala High Court order in which it stated that merely storage and possession of child pornography material on phone is not an offence under the Protection of Children from Sexual Offences Act (POCSO) or Information Technology Act.

The Bench led by Chief Justice of India DY Chandrachud comprising Justice JB Pardiwala and Justice Manoj Misra, while hearing the petition, referred to a similar Madras High Court order where the High Court had held that watching child pornography in itself does not amount to a criminal offense.

Citing the order, CJI said that the reserved judgment in the Madras High Court order could have an impact on this case too and asked the petitioner to wait for the judgment.

Kerala High Court in June 2024 had discharged 27-year-old Sebin Thomas who had downloaded, stored and possessed child pornography materials on his mobile phone, and held that mere automatic or accidental downloading of children engaged in sexually explicit act or conduct is not an offense under either POCSO or IT Acts.

Just Rights for Children Alliance, which is a coalition of over 120 NGOs working throughout India against child sexual exploitation, child trafficking and child marriage, in its petition said, “The impugned order, extensively covered in media, gave the impression that individuals who download and possess child pornography will not face prosecution. This will encourage child pornography and would act against the well-being of children.”

Speaking on the recent High Court orders on child pornography cases, Ravi Kant, Convenor, Just Rights for Children Alliance, said, “It is worrying how the honourable High Courts in multiple states have been giving confusing verdict on such a serious crime like child pornography. The message to those indulging in any way in this act need to be very clear and very strict. The scenario is already alarming with the surge in the searching and downloading of child sexual abuse material and we need urgent urgent attention and action in this issue.”

Senior Advocate HS Phoolka appearing for the petitioner informed the bench that the Kerala Police has found that several local children from the age group of 8-10 and 15-16 years were involved in the offending sexual videos. The accused was arrested during Operation P-Hunt, a special drive by the Kerala police CCSE (Countering Child Sexual Exploitation) team, functioning under Cyberdome, to curb the crimes against children.

The petitioner also put forth year-wise increase in the percentage in child pornography cases from 2018 to 2022 which showed almost 2561 per cent increase over the four years as per the National Crime Records Bureau data.