In this virtual world, SC wants children safe

In a world where shadows of exploitation loom ever darker over our children, news from the highest reaches of India’s judiciary can offer hope. On September 23, 2024, the Supreme Court of India delivered a landmark verdict that hardens the nation’s resolve to protect its most vulnerable citizens while sending a strong message to would-be perpetrators— there is no safe haven for those who prey on innocence.

This landmark judgment not only overturned a dangerously misguided judgment of the Madras High Court but also reaffirmed that downloading, storing and even viewing images of child exploitation is criminal under the Protection of Children from Sexual Offences Act. It’s a moment which calls for our attention and action, for in the balance hangs not only the fate of countless children but also the very soul of our society.

The Madras High Court had indeed dismissed criminal proceedings against a 28-year-old Chennaiite accused of downloading child pornography. As if literally saying to the public that viewing such vile content was no crime, the high court had rather, unbeknownst to itself, opened up a Pandora’s Box for its potential abuse. Little wonder then, the short-sighted decision sent shock waves through the child protection agencies, lawyers and the public at large. It was a gamble that threatened to unravel all the excellent work done in the fight against child exploitation over the years.

Fortunately, the Supreme Court intervened. The two-judge bench of Chief Justice DY Chandrachud and Justice JB Pardiwala did not mince words in condemning the high court’s verdict. They are quite right in terming it an “egregious error”, and the unmistakable message being relayed here is that there is absolutely no room for leniency in exploiting children. The Supreme Court restored criminal proceedings against the man from Chennai, slamming shut a door that might well lead to immeasurable and incalculable instances of abuse.

Probably the most significant element of this judgment was the pronouncement to replace the term “child pornography” with “child sexually abusive and exploitative material”. It is not a matter of semantics, but an essential change in the way we observe and talk about such serious crimes. The new terminology has no ambiguity or scope for misinterpretation. It correctly frames the problem as one of abuse and exploitation rather than entertainment or news. Such semantic change is long overdue due to the gravity of such crimes.

The judgment throws into sharp focus the larger question of pornography proliferation in the digital age. While the Madras High Court naively said exposure to pornography by children was a matter of education rather than punishment, the apex court has taken a firm and unequivocal stand. When it is a matter of exploitation of minors, there can be no equivocation. Law needs clarity; it needs to be stringent and rigorously enforced.

Of course, we should not forget that this judgment does pose great challenges for its implementation. In our modern interdependent digital world, where light travels to propagate information, such legislation requires gigantic technological resources and cooperation all over the world. Now that this judgment has been passed, it is time the law-enforcement agencies took responsibility to further strengthen their detection and prevention mechanisms against such cycles of child exploitation material. It is no small thing, but it is one we must undertake head-on if we are to be serious about protecting our children.

The judgment has further flagged debates on digital literacy, internet safety, and the responsibilities of internet service providers and content platforms. Amid this breakneck pace of technology, our legal and social frameworks must be adapted in double time to keep pace with it. We cannot wait for something to happen; we must get ahead of the curve and safeguard our children in that virtual world. One is heartened by the fact that child rights activists, including the Just Rights for Children Alliance, have welcomed this judgment with open arms. This petition really placed this topic on the agenda and brought to the fore the practical implications of judicial interpretations in sensitive areas like these. It underscores the essential role civil society organisations play in defining the legal landscape and protecting the rights of the vulnerable.

This Supreme Court judgment is in essence on the moral grounds rather than on the legal grounds - it is stating that India does not permit the ill-treatment of children in its limits and provides surety to a benchmark for countries to achieve. With such a jurisdiction of technology and the law with inter-management of social norms, the landmark decision falls into line as one of the most important in our country’s commitment towards international standards of child protection.

Let’s be frank - the test lies not in rhetoric but in implementation of the judgment. Whether it will drive societal change in this battle against child exploitation or not, the onus falls on each one us— lawmakers, law enforcement agencies, technology companies, educators, parents, and citizens. Let it be that victorious resolve in law and let it pan out as real-world protection for our children.

The battle against child exploitation is far from over, but the judgment today moves several steps in this direction. It is a reminder that when it comes to protecting our children, there cannot be compromise and leniency as well as loopholes. A society is judged by how it safeguards its most vulnerable members. That is precisely what this Supreme Court judgment wants us to do — to remain vigilant and construct society where every child grows up free of the threat of exploitation. Our children deserve nothing less!

By: Dr. Mehak Jonjua