'Watching porn not an offence': SC to examine HC judgement, terms the ruling as 'atrocious'
Madras High Court ruling as «atrocious,» the Supreme Court has agreed to examine a plea challenging the judgment related to watch and downloading child pornographic content privately. The Madras High Court had asserted that simply downloading and watching child pornography does not constitute an offense under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology law.
The High Court's decision, which was delivered on January 11, garnered widespread attention as it quashed criminal proceedings against a 28-year-old individual accused of downloading pornographic material involving children on his mobile phone. According to the High Court, the existing laws do not consider mere viewing of child pornography as an offense under the Information Technology Act, 2000.
Expressing concern over the prevalence of pornography consumption among today's youth, the High Court suggested a more nuanced approach to address the issue. It emphasized the importance of education and counseling rather than punitive measures. The ruling highlighted the necessity of guiding and advising young individuals who may be grappling with the consequences of exposure to adult content.
In response to the plea challenging the High Court's decision, a bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra has issued notices returnable in three weeks. Senior advocate H S Phoolka, representing two petitioner organizations dedicated to children's welfare, argued that the High Court's
