In a significant judgment, the Supreme Court has asserted that governments bear the responsibility to provide sex education and raise public awareness about the Protection of Children from Sexual Offences (POCSO) Act. The ruling emphasized that creating a more compassionate society is essential to support victims, guiding them toward healing, safety, and dignity.
Highlighting the need to reform societal attitudes, the Court stressed that legal structures must protect victims while holding offenders accountable. Additionally, the judgment clarified that merely storing child sexual abuse material without reporting or deleting it implies intent to distribute, making possession punishable under the POCSO Act, even if the content isn’t downloaded.
A bench led by Chief Justice DY Chandrachud and Justice JB Pardiwala interpreted Sections 43 and 44 of the Act, underscoring that the responsibility extends beyond legal provisions to include actively fostering public awareness, especially in educational institutions. The Court made it clear that both central and state governments must use various media platforms to ensure widespread understanding of the law. Moreover, consistent training for government officials, particularly the police, was deemed vital to the Act’s proper enforcement.
The ruling called for ongoing involvement of the National Commission for Protection of Child Rights and its state counterparts in monitoring the Act’s implementation, highlighting that their role is integral to curbing child abuse and exploitation.
