The desire to sexually exploit children is based on viewing material with sexually exploitative content: Supreme Court

In its recent decision banning the storage of “child pornography,” the Supreme Court stated that the consumption or storage of “child sexual exploitation and abuse material” is often motivated by the intent to commit the crime of child sexual abuse.

The bank of CJI DY Chandrachud and Justice JB Pardiwala found that while both CSEAM and child sexual abuse are different in practice, they share a “common, malicious intent”: “the exploitation and degradation of a child for the sexual gratification of the abuser.”

Justice JB Pardiwala in his judgment states that the intention to sexually exploit and harm the child plays a central role in both CSEAM and child abuse in the traditional sense. A person who creates or consumes such CSEAM is well aware of the traumatic impact on the child and the exploitation to which the victim is exposed.

“Although there is a noticeable difference between watching CSEAM and sexually abusing children, the latter desire is always inherent in the former.”

“The production of material that sexually exploits children is inextricably linked to the act of sexual abuse. In both cases, the intention is clear: to sexually exploit and harm a child. The production of such material is not a passive act, but a deliberate act in which the abuser deliberately exploits a child, knowing full well the harm he or she is causing.”

Specifically, Section 15 of the POCSO Act criminalizes the storage of pornographic material involving children. Sections 14 and 13 of the Act criminalize the use of children for pornographic purposes. Section 11 defines sexual harassment of a child and Section 12 prescribes punishment for sexual harassment.

The far-reaching evils of CSEAM and its impact on viewers

The Court analyses that in child abuse crimes such as CSEAM, the child is degraded to a mere object for the abuser's unlawful gratification. Such objectification is reflected in the production and distribution of CSEAM. It further emphasises that viewers who consume CSEAM could be influenced and encouraged to imitate the child abuse acts depicted in the material.

“230. This intent makes these crimes particularly heinous. The perpetrator not only violates the child's body but also reduces him or her to an object of his or her own gratification, without regard for the child's dignity or well-being. This dehumanisation is evident in the production and dissemination of CSEAM, where the child is treated not as a person but as a consumable commodity. Those who consume such material may develop an increased desire to engage in further acts of child exploitation. Viewing CSEAM may desensitise people to the horrors of child abuse and lead them to seek out more extreme forms of exploitation or even to commit acts of abuse themselves.”

The Court also considered whether the increasing viewership of CSEAM leads to an increased demand and supply of such materials and results in increased exploitation of children. To avoid such a domino effect, the Court considers it necessary to take strict measures to punish both the creators and distributors as well as the consumers of CSEAM.

“231. Furthermore, the demand for such material will always result in a corresponding production and distribution of CSEAM. Perpetrators of abuse may be motivated to create and distribute such materials to meet the demand, which may lead to the abuse of further children. This cycle of abuse and exploitation underlines the need for strong measures not only to punish those who create and distribute CSEAM, but also to deter potential users and reduce the demand for such material.”

CSEAM violates the dignity of children and leaves lasting psychological scars on those affected

The Court found that CSEAM has a devastating impact on the emotional, mental and social well-being of the child and held that CSEAM violates the fundamental rights of children, particularly the right to live in dignity. The Court also found that CSEAM's actions have such an impact on the mental health of victims that they result in a type of childhood trauma that continues even when the victims grow up.

“232. Sexually exploitative content deeply violates the dignity of children. It turns them into objects of sexual gratification, deprives them of their humanity and violates their fundamental rights. Children have the right to grow up in an environment where their dignity is respected and they are protected from harm. However, CSEAM violates this right in the most egregious way possible.”

“235. The impact of CSEAM on its victims is devastating and far-reaching, affecting their mental, emotional and social well-being. Victims of such abhorrent exploitation often suffer profound psychological trauma, which can manifest itself in depression, anxiety and post-traumatic stress disorder (PTSD). The relentless reminder of images and videos of their abuse circulating online can lead to a persistent sense of victimisation and helplessness, further exacerbating feelings of shame, guilt and worthlessness. This awareness can make it extremely difficult for victims to move on, as the fear of being recognised and judged by others remains ever-present.”

You can read further reports on the verdict here.

Case Details: JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH Diary No. 8562 – 2024

Quote: 2024 LiveLaw (SC) 728

Click here to read the judgment