SC seeks Tamil Nadu’s response to Madras HC order on child porn

The Supreme Court has sought a response from the Tamil Nadu government to a petition filed by Just Rights for Children Alliance, an NGO coalition, challenging a Madras High Court order that mere downloading and private viewing of child pornography was not an offence.

A Bench, headed by Chief Justice of India D.Y. Chandrachud, issued a notice to the State on the basis of a plea against the High Court quashing the FIR and criminal proceedings against a 28-year-old man. The petitioner, represented by senior advocate H.S. Phoolka, said that the High Court’s observations on January 11 that watching child pornography would not fall within the scope of the Pocso Act, 2012, would have grave consequences.

The plea, filed by the coalition of NGOs fighting child sexual exploitation, child trafficking and child marriage, argued that an impression was given to the general public that downloading and possessing child pornography was not an offence. “It would increase the demand for child pornography and encourage people to involve innocent children in pornography,” the petition said.