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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SEBI must name 'big players' profiteering at expense of small traders in F&O trading: Rahul Gandhi
New Delhi, Sep 24: Congress leader Rahul Gandhi on Tuesday said 90 per cent of small investors have lost Rs 1.8 lakh crore in Futures and Option (F&O) trading in three years and asked the SEBI to reveal the names of the "so called big players" profiteering at their expense.
More than 91 per cent, or 73 lakh, individual traders lost money in the F&O segment in FY24 with an average net loss of Rs 1.2 lakh per person, a study conducted by markets regulator Securities and Exchange Board of India (SEBI) revealed on Monday.
Further, 93 per cent of over 1 crore individual F&O traders incurred average losses of about Rs 2 lakh per trader (inclusive of transaction costs) during the three years from FY22 to FY24. The aggregate losses of such traders exceeded Rs 1.8 lakh crore during the period.
Gandhi, who is the leader of the Opposition in the Lok Sabha, said on X, "Uncontrolled F&O trading has grown 45X in 5 years. 90% of small investors have lost ₹1.8 lakh Cr in 3 years."
"SEBI must reveal the names of the so called 'Big Players' making a killing at their expense," the former Congress chief said.
The study said in FY24 alone, individuals incurred about Rs 75,000 crore in net losses.
It found the top 3.5 per cent of loss-makers -- about 4 lakh traders -- faced an average loss of Rs 28 lakh per person over the same period, inclusive of transaction costs.
On the other hand, only 7.2 per cent of individual F&O traders made a profit over the period of three years and only 1 per cent of individual traders managed to earn profits exceeding Rs 1 lakh, after adjusting for transaction costs.
Moreover, the number of retail traders, or individual traders, has almost doubled in two years to about 96 lakh in FY24 from about 51 lakh in FY22.
Although such investors contributed about 30 per cent to the total turnover in FY24, they are a clear majority in number terms, as 99.8 per cent of total traders in the equity F&O segment are individuals.
"The availability of sophisticated trading platforms and lower transaction costs have enabled retail investors to actively trade in options and futures contracts, contributing to the surge in market liquidity," SEBI said.
The regulator said rapid growth in F&O trading activity has highlighted the need for investor education and risk management practices, as a significant proportion of retail traders continued to incur losses in the market.
Uncontrolled F&O trading has grown 45x in 5 years.
— Rahul Gandhi (@RahulGandhi) September 24, 2024
90% of small investors have lost ₹1.8 lakh Cr in 3 years.
SEBI must reveal the names of the so called “Big Players“ making a killing at their expense.
