'Watching porn not an offence': SC to examine HC judgement, terms the ruling as 'atrocious'

Terming a Madras High Court ruling as "atrocious," the Supreme Court has agreed to examine a plea challenging the judgment related to watch and downloading child pornographic content privately. The Madras High Court had asserted that simply downloading and watching child pornography does not constitute an offense under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology law.

The High Court's decision, which was delivered on January 11, garnered widespread attention as it quashed criminal proceedings against a 28-year-old individual accused of downloading pornographic material involving children on his mobile phone. According to the High Court, the existing laws do not consider mere viewing of child pornography as an offense under the Information Technology Act, 2000.

Expressing concern over the prevalence of pornography consumption among today's youth, the High Court suggested a more nuanced approach to address the issue. It emphasized the importance of education and counseling rather than punitive measures. The ruling highlighted the necessity of guiding and advising young individuals who may be grappling with the consequences of exposure to adult content.


In response to the plea challenging the High Court's decision, a bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra has issued notices returnable in three weeks. Senior advocate H S Phoolka, representing two petitioner organizations dedicated to children's welfare, argued that the High Court's judgment contradicts existing laws.

The Supreme Court has also sought responses from S Harish, a resident of Chennai involved in the case, and two concerned police officers from Tamil Nadu. The case has ignited a debate on the interpretation of legal statutes concerning child pornography and the appropriate measures to address its proliferation.

While acknowledging the harmful effects of exposure to pornography on minors, the High Court stressed the importance of proactive educational interventions. It suggested that addressing the issue should commence at the school level to mitigate the risks associated with early exposure to explicit material.

The ruling urged petitioner S Harish to consider counseling if he continues to struggle with pornography addiction. This emphasis on rehabilitation reflects a growing recognition of the complexities involved in addressing issues related to online content consumption.

As the Supreme Court prepares to delve into this contentious issue, the case underscores the need for a balanced approach that prioritizes the protection of children while addressing the underlying societal factors contributing to the prevalence of child pornography.

(Inputs from PTI)