By Sanjeev Kumar patro
Bhubaneswar; The Supreme Court today directed the Union Government to replace the words ‘Child Pornography’ in the POCSO Act framed in 2012 with the words “Child Sexual Exploitative and Abuse Material (CSEAM).
The big question is why after over decade of the framing of the POCSO Act, SC had sought a change now.
A look at the judgment order copy outlines the following reasons behind the move of the Apex court.
- The order calls all to be mindful of the fact that the term "child pornography" is a misnomer that fails to capture the full extent of the crime.
- The order says pornography is often seen as a consensual act between adults. In POCSO Act "child pornography" involves the actual abuse of a child. Therefore, the use of the term "child pornography" can lead to a trivialization of the crime, the SC observed.
- The term "child sexual exploitative and abuse material" or “CSEAM” more accurately reflects the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction, the court further added.
- CSEAM rightly puts the emphasis on the exploitation and abuse of the child, highlighting the criminal nature of the act and the need for a serious and robust response.
- For which, we are conscious that in the preceding parts of this judgment, we have used the term “child pornography”, however the same has been done only for the purposes of giving a better understanding of the nuances involved in the present matter.
- We further forbid the courts from using the term "child pornography" and instead the term "child sexual exploitative and abuse material" (CSEAM) should be used in judicial orders and judgements of all courts across the country.
