Child sexual exploitative material deeply degrading to dignity of minors: SC

NEW DELHI: Child sexual exploitative material is deeply degrading to the minors' dignity and it reduces them to objects of sexual gratification, stripping them of their humanity and violating their fundamental rights, the Supreme Court said on Monday.

Observing that children were entitled to grow up in an environment that respects their dignity and protects them from harm, the apex court said child sexual exploitative and abuse material (CSEAM) violates this right in the most "egregious manner possible".

A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said the existence and circulation of CSEAM were affronts to the dignity of all children, not just the victims depicted in the material.

"Given the severity and far-reaching consequences of child sexual exploitation, there is a clear legal and moral imperative to take strong action against those who produce, distribute and consume CSEAM. This includes not only criminal penalties for those involved in CSEAM but also preventative measures, such as education and awareness campaigns," the bench said.

"Child sexual exploitative material is deeply degrading to the dignity of children. It reduces them to objects of sexual gratification, stripping them of their humanity and violating their fundamental rights," it said.

The apex court delivered a landmark judgement which held that watching and downloading child pornography are offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice Pardiwala, who penned a 200-page verdict for the bench, said laws must be robust and strictly enforced to ensure that perpetrators are brought to justice and that children are protected from further harm.

The bench said the impact of CSEAM on its victims was devastating and far-reaching, affecting their mental, emotional and social well-being.

"In our society, where social stigma and notions of honour and shame are deeply entrenched, the social repercussions for victims are particularly severe. Many victims face intense social stigmatisation and isolation, finding it difficult to form and maintain healthy relationships due to trust issues and trauma-related challenges," it said.

The top court said the stigma attached to being a victim of CSEAM can create significant barriers in social interactions, causing victims to withdraw and feel alienated from their communities.

"The continuous revictimisation through the sharing and viewing of these materials perpetuates the victims' suffering. Each instance of someone viewing or distributing the material represents a new violation, making it harder for victims to heal," it said.

The bench said this ongoing trauma can severely impact their self-esteem and self-worth, leading to long-term emotional and psychological damage and the impact extends to their education and employment opportunities.

It said providing compassionate and comprehensive support was crucial to help victims heal and reclaim their lives and therapeutic interventions, including trauma-informed counselling and support groups, can offer a safe space for victims to process their experiences and begin to heal.

"Legal and social support services are also essential to help victims navigate the complexities of their situation and rebuild their lives," it said.

The bench said any act of sexual abuse inherently inflicts lasting physical and emotional trauma on the child.

"However, the dissemination of this act of abuse through pornographic material further accentuates and deepens the trauma into a psychological scar," it observed.

It said one must also be mindful of the fact that the term "child pornography" was a misnomer that fails to capture the full extent of the crime.

"It is important to recognise 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 trivialisation of the crime, as pornography is often seen as a consensual act between adults," the bench said.

"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 bench noted.

The apex court set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the POCSO Act and the IT Act.

The top court delivered its verdict on a plea challenging the Madras High Court order.