“How could a judge possibly make such a statement?” “This is appalling,” exclaimed the Supreme Court.
The Supreme Court expressed astonishment on Monday regarding the Madras High Court’s ruling [Just Right for Children Alliance and Anr v S Harish and Ors] that watching child pornography in private does not contravene the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Information Technology Act of 2000 (IT Act).
The bench, comprising Justices JB Pardiwala and Manoj Misra, along with Chief Justice of India (CJI) DY Chandrachud, described the High Court’s observation as “shocking.”
“How could a judge possibly make such a statement?” This is horrifying…Provide notice. “Returnable within three weeks,” stated the Supreme Court. The bench was reviewing an appeal against a recent Madras High Court judgment filed by the NGO Just Right for Children Alliance.
Justice N Anand Venkatesh concluded in that judgment that the act of acquiring or viewing child pornography on an individual’s personal electronic device does not constitute a violation of the POCSO Act and the IT Act.
During the dismissal of charges brought against S. Harish, accused under the POCSO Act and the IT Act for downloading and viewing two child pornographic videos on his mobile phone, the High Court made the aforementioned remarks.
The High Court highlighted the rise in juvenile pornographic addiction and advocated for a systematic approach to addressing the issue.
