New Delhi: The Supreme Court has held that governments have the obligation to impart sex education and create awareness among the general public about the Protection of Children from Sexual Offences Act (POCSO Act).
In a judgment on Monday (September 23) the court interpreted the POCSO Act to reach this conclusion and also highlighted the importance of having a sensitive approach towards victims of POCSO Act cases, reported LiveLaw.
“Since, one of the salutary and avowed object of the POCSO was the deterrence of offences of child sexual abuse and exploitation, thus, as a natural corollary, the obligation the appropriate government and the commission under the aforesaid provisions will also entail imparting of sex education and awareness amongst the general public, children as well as their parents and guardians, particularly in schools and places of education,” said the bench of Chief Justice of India D.Y. Chandrachud and Justice JB Pardiwala.
In the same judgment, the Supreme Court ruled that storing child pornographic material without deleting or reporting the same implies an intention to transmit.
This decision reverses the Madras high court’s verdict that mere storage of such material without intent to transmit is not an offense under the POCSO Act.
“By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope. This includes changing societal attitudes towards victims, improving legal frameworks to protect them, and ensuring that perpetrators are held accountable,” said the court in the judgment.