No 'Child Porn', Say 'Child Sexual Exploitative And Abuse Material': Supreme Court

The Supreme Court in a landmark judgment on Monday said that the term that the term "Child Pornography" should not be used.

The Supreme Court in a landmark judgment on Monday said that the term that the term "Child Pornography" should not be used and instead "child sexual exploitative and abuse material" should be used for defining such cases. The top court directed all courts to not use the term "Child Pornography" and instead use child sexually abusive and exploitative material while dealing with such cases.

The top court today held that storing and watching pornographic content invoving children is an offence under the POCSO (Protection of Children from Sexual Offences) and the Information Technology (IT) acts.

The top court has also suggested to the Parliament to bring an amendment to POCSO Act so that definition of 'child pornography' can be referred to as "child sexually abusive and exploitative material." 

The court said that the Parliament should seriously consider to bring about an amendment to the POCSO for the purpose of substituting the term “child pornography” that with “child sexual exploitative and abuse material” (CSEAM) with a view to reflect more accurately on the reality of such offences.

"The Union of India, in the meantime may consider to bring about the suggested amendment to the POCSO by way of an ordinance...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 verdict read.

The landmark verdict today overturned the Madras High Court judgment that had quashed a criminal case against a 28-year-old man, charged for downloading and watching on his mobile phone some pornographic content involving children. The top court today restored the criminal proceedings against the accused.

CJI DY Chandrachud who was also part of the same bench said that it is a landmark judgment and the first instance in world where law on child sexual exploitative and abuse material is dealt in such detail by judiciary.