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:

Right to Life: Every child has the right to live and receive full support for their health and development.
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.
Right to Development: Children must have access to education, healthcare, and all opportunities necessary for their holistic development.
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.

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*Social worker

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