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(Part 5) Landmark Judgement of 2024: Just Rights for Children Alliance vs. S. Harish

 Just Rights for Children Alliance vs. S. Harish

Introduction: 

Addressing the Growing Threat of Online Child Exploitation

By Ravi Geela January 3, 2025

Did you know that India recorded over 24,000 cases of child sexual abuse material (CSAM) possession in 2023 alone? With the proliferation of digital platforms, CSAM has become one of the most critical challenges facing law enforcement and policymakers. Recognizing the urgency of this issue, the Supreme Court of India delivered a landmark ruling in Just Rights for Children Alliance vs. S. Harish in 2024. This case not only clarified legal provisions under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act but also set a precedent for holding individuals accountable for the possession of CSAM.


The Case That Captivated Legal Experts



The controversy began when a National Crime Records Bureau (NCRB) investigation flagged over 100 CSAM files stored on S. Harish’s personal device. Harish claimed that these files were automatically downloaded due to app settings, asserting ignorance of their presence.

Initially, the trial court convicted Harish under Section 15 of the POCSO Act and Section 67B of the IT Act. However, the Madras High Court overturned this conviction, ruling that mere possession without evidence of distribution or transmission did not constitute an offense.

This decision sparked nationwide debate:

  • Should possession alone be punishable?
  • Does ignorance absolve responsibility?

The Supreme Court’s intervention aimed to resolve these questions and strengthen child protection laws in the digital era.


Key Legal Provisions Explored

Two critical legal provisions formed the crux of this case:

  • Section 15(1) of the POCSO Act:
    Criminalizes possession, storage, or downloading of CSAM, irrespective of intent to distribute.

  • Section 67B of the IT Act:
    Prohibits actions such as browsing, downloading, or sharing CSAM. It emphasizes accountability, penalizing possession alone to deter passive engagement with exploitative materials.


Together, these laws reflect a zero-tolerance approach toward CSAM, addressing both active and passive involvement.


Supreme Court’s Verdict: A Landmark Decision

In a decisive ruling, the Supreme Court overturned the Madras High Court’s interpretation. Here’s what the judgment emphasized:

  1. Possession as a Punishable Offense:
    The Court clarified that possession or downloading of CSAM is a standalone offense under both laws, even in the absence of intent to distribute.

  2. Ignorance is No Excuse:
    The Court rejected Harish’s defense of automatic downloads, stressing that digital users have a responsibility to manage their devices and prevent illicit content storage.

  3. Strengthening Legal Precedents:
    By reinstating charges against Harish, the judgment set a strong precedent, ensuring stricter enforcement of child protection laws.




Implications of the Judgment

The verdict has far-reaching consequences for India’s legal and societal approach to child protection:

1. Deterrence Against CSAM

Criminalizing possession sends a clear message that any association with CSAM, even passive, will be met with severe consequences.

2. Judicial Clarity

Lower courts now have a clear directive, ensuring consistent interpretation of laws related to child protection.

3. Global Alignment

The ruling aligns India with international standards, such as the United Nations Convention on the Rights of the Child, which mandates stringent measures against CSAM.

4. Empowered Law Enforcement

The judgment provides law enforcement agencies with a robust legal framework to investigate and prosecute CSAM cases effectively.


Digital Responsibility: The Role of Individuals and Organizations

This judgment underscores the shared responsibility of individuals and organizations in combating CSAM. With digital tools becoming increasingly sophisticated, vigilance is critical.

For Individuals:

  • Disable automatic downloads in apps and browsers.
  • Regularly audit personal devices to detect and delete inappropriate content.
  • Use secure software and applications to ensure compliance with digital safety standards.
  • Report discovered CSAM to law enforcement or child protection agencies.

For Organizations:

  • Implement AI-driven content monitoring tools to identify and block CSAM.
  • Collaborate with law enforcement to ensure swift action against offenders.
  • Conduct awareness campaigns to educate users about digital safety and legal consequences.



Global Context: Learning from Other Nations

India’s approach to CSAM aligns with best practices globally. Here’s how other countries address the issue:

Country Law/Provision            Penalties
United States               PROTECT Act                              Up to 20 years imprisonment
United Kingdom              Sexual Offences Act                              Up to 5 years imprisonment
Australia          Enhancing Online Safety Act                              Heavy fines, imprisonment

India’s judgment strengthens its commitment to these global norms, ensuring that offenders face strict consequences.


The Human Cost of CSAM

While legal frameworks address accountability, the real cost of CSAM lies in the trauma endured by its victims. Children exploited in such material often face lifelong psychological and emotional scars.

This ruling is a crucial step toward justice, but societal efforts must continue to ensure comprehensive support for victims and prevent future exploitation.


Conclusion: A Turning Point in Child Protection Laws

The Supreme Court’s decision in Just Rights for Children Alliance vs. S. Harish is a milestone in India’s fight against child exploitation. By clarifying that possession of CSAM is a punishable offense, the ruling reinforces the nation’s commitment to safeguarding children. This judgment isn’t just a legal landmark—it’s a call to action for individuals, organizations, and society to join hands in protecting our youngest and most vulnerable citizens.


FAQs: Your Questions Answered

  1. What was the Supreme Court’s key ruling?
    The Court ruled that possession of child sexual abuse material is a punishable offense under the POCSO Act and IT Act, regardless of intent to distribute.

  2. Why is this judgment significant?
    It strengthens legal deterrents against CSAM and aligns India’s laws with international standards.

  3. Can ignorance serve as a defense?
    No. The Court stressed that users are responsible for managing their digital content and ensuring compliance with the law.

  4. What are the penalties for CSAM possession?
    Penalties include imprisonment, fines, and a permanent criminal record under the POCSO Act and IT Act.

  5. How can individuals avoid unintentional possession of CSAM?
    Disable automatic downloads, regularly review device content, and use secure applications to ensure compliance with the law.

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