In a landmark verdict, the top court on Monday held that watching and downloading child pornography are offences under the POCSO Act and the information technology law. The court also suggested that parliament amending the term 'child pornography' with "child sexually abusive and exploitative material" by bringing changes in law.
While delivering its judgement, the Supreme Court made some key observations about the sex education and the misconceptions surrounding it.
The bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala noted that the widespread misconceptions about sex education in India contribute to its limited implementation and effectiveness, reported Live Law.
“Many people, including parents and educators, hold conservative views that discussing sex is inappropriate, immoral, or embarrassing. This societal stigma creates a reluctance to talk openly about sexual health, leading to a significant knowledge gap among adolescents,” it said.
One such prevalent misconception is that sex education encourages promiscuity and irresponsible behaviour among youth, the court said. “Critics often argue that providing information about sexual health and contraception will lead to increased sexual activity among teenagers. However, research has shown that comprehensive sex education actually delays the onset of sexual activity and promotes safer practices among those who are sexually active,” the bench said.
The apex court also dismissed the common belief that sex education is a western concept that does not align with India’s traditional values.
“This view has led to resistance from various state governments, resulting in bans on sex education in schools in some states,” it said.
The court further noted that the lack of comprehensive and effective health programmes leave the teenagers and young adults without accurate information, prompting them to turn to the internet where they have access to unmonitored and unfiltered information, “which is often misleading and can plant the seed for unhealthy sexual behaviours”.
