Skip to main content

Protecting child rights in India from proliferating obscene online content?

By Vikas Meshram* 

Children's fundamental rights are those essential rights required for every child's survival, growth, development, and protection. Safeguarding these rights is not only crucial for their well-being but also essential for the country's bright future. Children are the pillars of society, and it is the responsibility of every community to provide them with a strong, secure, and opportunity-filled environment.
A significant ruling in this regard was made by the Supreme Court, where a strict stance was taken against the dissemination of child pornography. This decision has further strengthened the protection of children's fundamental rights.
There are certain fundamental rights that children should have to live their lives safely, with dignity, and empowerment. These rights should remain inviolable under any circumstances. The United Nations Convention on the Rights of the Child (UNCRC) is globally recognized for protecting children's rights. This convention highlights four major rights:
  1. Right to Life: Every child has the right to live and receive full support for their health and development.
  2. Right to Protection: Children should be protected from physical, mental, and emotional exploitation. They should not face any kind of abuse, violence, or physical harassment.
  3. Right to Development: Children must have access to education, healthcare, and all opportunities necessary for their holistic development.
  4. Right to Participation: Children should have the right to participate in decisions affecting their lives, express their views, and have those views considered.
India's Constitution also includes several provisions to protect children's fundamental rights. Articles 15, 21A, 24, and 39 of the Indian Constitution deal with children's rights. Under Article 21A, children between the ages of 6 and 14 must receive free and compulsory education. Additionally, under Article 24, children under the age of 14 are prohibited from working in hazardous conditions.
Moreover, laws like the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act are vital for the protection of children. The POCSO Act safeguards children from sexual exploitation, while the IT Act imposes strict restrictions on the dissemination of child pornography. In a recent ruling, the Supreme Court emphasized that downloading, storing, viewing, or sharing child pornographic material is a crime under the POCSO and IT Acts.
Supreme Court suggested replacing the term child pornography with child sexual exploitation and abusive material in legal terminology
A three-judge bench, led by Chief Justice D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Mishra delivered a clear message that storing and transmitting child pornographic content is a criminal offense. The Supreme Court overturned a decision by the Madras High Court, which had ruled that merely downloading and viewing such content without the intent to distribute was not a crime. The Supreme Court sent the case back to the sessions court and also suggested replacing the term "child pornography" with "child sexual exploitation and abusive material" in legal terminology, stating that this term would better express the gravity of the crime.
The court also directed the government to make necessary amendments to laws like the POCSO Act to reflect this change. The court emphasized that child sexual exploitation is not merely about explicit content but often involves the horrific abuse of a minor. The court added that such materials cause long-term harm to children and that their repeated dissemination violates children's dignity and fundamental rights.
As responsible citizens, it is essential to play a role in curbing such perverse behaviors in society. Unfortunately, the availability of such material on the internet allows for a continuous cycle of exploitation of children. The Supreme Court's ruling is laudable, but with the proliferation of obscene content online, efforts must also be made to educate adolescents to become responsible and mature citizens.
The protection of children's fundamental rights is the most important duty of any society. In India, the Supreme Court's ruling is a landmark, clarifying that storing, viewing, or disseminating child pornographic material is a crime that will be dealt with harshly. This decision will help safeguard children's physical and mental security, preventing the violation of their fundamental rights.
Only through collective efforts by the government, society, parents, teachers, and technology companies can we protect children's fundamental rights. It is society's duty to provide children with a safe, respectful, and conducive environment for holistic development, enabling them to become capable and empowered citizens.
---
*Social worker

Comments

TRENDING

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.

Fragmented opposition and identity politics shaping Tamil Nadu’s 2026 election battle

By Syed Ali Mujtaba*  Tamil Nadu is set to go to the polls in April 2026, and the political battle lines are beginning to take shape. Prime Minister Narendra Modi’s visit to the state on January 23, 2026, marked the formal launch of the Bharatiya Janata Party’s campaign against the ruling Dravida Munnetra Kazhagam (DMK). Addressing multiple public meetings, the Prime Minister accused the DMK government of corruption, criminality, and dynastic politics, and called for Tamil Nadu to be “freed from DMK’s chains.” PM Modi alleged that the DMK had turned Tamil Nadu into a drug-ridden state and betrayed public trust by governing through what he described as “Corruption, Mafia and Crime,” derisively terming it “CMC rule.” He claimed that despite making numerous promises, the DMK had failed to deliver meaningful development. He also targeted what he described as the party’s dynastic character, arguing that the government functioned primarily for the benefit of a single family a...