Adversitement
Supreme Court to Review Madras High Court Ruling on Child Pornography Offences
Published On : 2024-03-12T12:08:10+0530 [ IST ] |
Author : Mayur_Tembhare
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The Supreme Court has decided to review a ruling by the Madras High Court, which sparked controversy by stating that simply downloading and watching child pornography does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) law.
Chief Justice of India DY Chandrachud criticized the Madras High Court's judgement, describing it as 'atrocious' and questioning the basis of the ruling. The Supreme Court bench, headed by Chief Justice Chandrachud, expressed incredulity at the High Court's decision and emphasized the existence of clear provisions against child pornography under relevant legislation.
The case stems from the Madras High Court's decision to quash criminal proceedings against a 28-year-old man from Chennai, charged with downloading pornographic content involving children on his mobile phone.
In response to submissions filed by two NGOs, namely the 'Just Rights for Children Alliance' of Faridabad and the 'Bachpan Bachao Andolan' based in New Delhi, the Supreme Court has agreed to hear the plea challenging the High Court's ruling.
The Supreme Court bench expressed bewilderment at the manner in which the High Court passed its order and highlighted the importance of addressing child pornography offences to protect the rights and well-being of children.
The High Court's ruling rested on its interpretation of Section 67-B of the Information Technology Act, which, according to the court, does not explicitly criminalize the act of merely downloading child pornography without further dissemination.
However, the Supreme Court underscored the gravity of child pornography offences and emphasized the need for strict enforcement of laws to combat such heinous crimes.
The Supreme Court's decision to review the Madras High Court's ruling reflects its commitment to upholding the legal framework for safeguarding children from sexual exploitation and ensuring accountability for perpetrators of such crimes.
As the case progresses, stakeholders, including NGOs and legal experts, will closely monitor the Supreme Court's deliberations, hoping for a robust legal response to address the complexities surrounding child pornography offences and uphold children's rights and dignity.
Source : India Today
Tags : Madras High Court , NGOs , POCSO Act , Supreme Court , child pornography , Information Technology law , review , legal challenge , offences ,
Summary : The Supreme Court has agreed to hear a plea challenging a Madras High Court ruling, which stated that simply downloading and watching child pornography is not an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) law. The Supreme Court termed the High Court's judgement as 'atrocious' and questioned its validity, emphasizing that clear provisions exist against child pornography under the respective acts. The case originated from the quashing of criminal proceedings against a man charged with downloading child pornography. The Supreme Court's decision to review the ruling comes in response to submissions filed by two NGOs, highlighting the importance of addressing child pornography offences and protecting children's rights.
Adversitement