Governments have an obligation to impart sex education, raise POCSO awareness: Supreme Court
New Delhi: In a significant ruling, the Supreme Court of India observed that it is the obligation of governments to impart sex education and raise awareness about the Protection of Children from Sexual Offences (POCSO) Act. The Court, while interpreting the Act, stressed on the importance of creating a compassionate approach towards victims of child sexual abuse.
A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala clarified that the responsibility of the appropriate governments and commissions under Sections 43 and 44 of the POCSO Act extends beyond mere awareness about the provisions of the Act. "We are of the considered view that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at just spreading awareness about the provisions of the POCSO," the Court stated.
Section 43 obligates both the Central and State Governments to ensure that the Act is widely publicized through various media platforms at regular intervals. This includes creating awareness among the general public, children, parents, and guardians. Additionally, Section 43 mandates proper training for government offices, such as the police, to ensure effective implementation of the Act's provisions.
Similarly, Section 44 entrusts the National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights with the responsibility to monitor and assist in the implementation of the Act.
The Court stressed the need for a sensitive and compassionate societal approach towards victims of child sexual abuse. "By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope. This includes changing societal attitudes towards victims, improving legal frameworks to protect them, and ensuring that perpetrators are held accountable," the judgment read.
The ruling further highlighted the necessity of sex education in schools and other educational institutions to address child abuse, exploitation, and addiction to pornography. "As a natural corollary, the obligation of the appropriate government and the commission under the aforesaid provisions will also entail imparting of sex education and awareness amongst the general public, children as well as their parents and guardians, particularly in schools and places of education," the bench observed.
In another critical interpretation, the Court ruled that the mere storage of child sexual exploitative material (child pornography) without deletion or reporting indicates an intention to transmit it. Moreover, watching such material without downloading it amounts to possession under the POCSO Act.
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Himachal: Three killed, two injured as speeding car dashes against parked truck
Mandi (HP) (PTI): Three people were killed and two others sustained grievous injuries after a speeding car dashed against a stationary truck at Dadour near Nerchowk in Mandi district on Monday late at night, police said on Tuesday.
There were five people in the car when the tragedy struck. Three were declared dead in the hospital while two have been referred to AIIMS Bilaspur.
The deceased were identified as Anil Kumar (28), Rohit Kumar (26) and Subash Kumar (23), all residents of Mandi district, while the injured are Harish and Pankaj.
A case has been registered under relevant sections and investigations are underway, said Superintendent of Police (SP) Mandi Vinod Kumar.
He added that the bodies have been handed over to the family members of the deceased.
In a statement, Chief Minister Sukhvinder Singh Sukhu expressed grief over the loss of three lives in a road accident. He directed the district administration to ensure best possible treatment for the injured and wished them a speedy recovery.
