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Supreme Court (Photo: Shutterstock)
In a significant ruling on child pornography, the Supreme Court on Monday (September 23) noted that sex education is not a western concept incompatible with traditional Indian values. The perception that it is, the Court said, has resulted in opposition from several state governments, leading to bans on sex education in schools in certain states, reported LiveLaw.
A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala highlighted that such opposition impedes the rollout of comprehensive sexual health programs, leaving many adolescents uninformed. According to the Court, this lack of accurate information drives teenagers and young adults to seek knowledge online, where they often encounter unregulated and misleading content, potentially fostering unhealthy sexual behaviours.
In its judgement, the Supreme Court held that merely storing “child sexual exploitation and abuse material” (child pornography) without deleting or reporting it signals an intent to transmit such material. Additionally, the Court ruled that watching such content, even without downloading it, constitutes “possession” under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The judgement also advised Parliament to amend the POCSO Act to replace the term ‘Child Pornography’ with ‘Child Sexual Exploitative and Abuse Material’ (CSEAM). In the interim, the Court urged the Union Government to issue an ordinance to implement this change.
Sex education grossly misunderstood: SC
The top court clarified that sex education is often misunderstood as solely covering the biological aspects of reproduction. In reality, it encompasses a wide range of subjects, including consent, healthy relationships, gender equality, and respect for diversity. The Court emphasised that these topics are vital for reducing sexual violence and promoting gender equity.
Despite the challenges, the Court pointed out successful sex education programs in India, such as the Udaan initiative in Jharkhand. This program, the Court noted, demonstrates the importance of community involvement, transparency, and government support in overcoming resistance to sex education and fostering a supportive environment.
Regarding misconceptions surrounding sex education, the Court observed that many in India, including parents and educators, view discussions about sex as “inappropriate, immoral, or embarrassing”. This societal stigma, it said, leads to a reluctance to openly address sexual health, resulting in a significant knowledge gap among adolescents.
The bench also noted a prevalent concern that sex education promotes promiscuity and irresponsible behaviour among youth. Critics often argue that teaching sexual health and contraception will increase sexual activity among teenagers. However, the Court referenced research showing that comprehensive sex education actually delays the onset of sexual activity and encourages safer practices among those who are sexually active.
Need for age-appropriate sex education
On the importance of age-appropriate sex education, the Court stressed that such programs are critical in preventing harmful behaviours among youth, including the distribution and viewing of child sexual exploitative and abusive material (CSEAM).
The Court added that research supports the idea that positive sex education reduces risky sexual behaviours, enhances knowledge, and fosters healthy decision-making. It also noted that comprehensive sex education helps delay sexual debut, decrease the number of sexual partners, and increase contraceptive use.
The Court referenced research from India, including a study of over 900 adolescents in Maharashtra, which found that those not exposed to scientific information on reproductive and sexual health were more likely to engage in sexual activity at an early age.
Furthermore, the Court observed that positive sex education fosters healthier attitudes towards sexuality and relationships, counteracting the distorted perceptions often linked to the consumption of child pornography. The Court also emphasised the role of such education in promoting empathy, respect, and an understanding of the legal consequences of engaging in exploitative behaviours, including the viewing and distribution of child pornography.
The top court highlighted the need to remove misconceptions surrounding sexual health and emphasised that promoting a comprehensive understanding of sex education is crucial for improving sexual health outcomes and reducing the incidence of sexual crimes in India, especially given the country’s growing population.
First Published: Sep 23 2024 | 4:23 PM IST
