High Court in India Rules: Viewing and Downloading Child Pornography Non-Criminal

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  • The Supreme Court of India is considering arguments from child protection organisations following a recent ruling.
  • The Madras High Court ruled that downloading and watching child pornography is not a criminal offence, sparking outrage.

The Supreme Court of India is currently deliberating on arguments presented by child protection organizations following a contentious ruling by the Madras High Court. This ruling concluded that downloading and viewing child pornography does not constitute a criminal offence. The defendant, S. Harish, had his charges dismissed based on claims that the material was auto-downloaded through WhatsApp, which his lawyers argued did not violate existing laws.

However, this decision sparked outrage among child protection groups, leading to an appeal filed with the Supreme Court. The appeal contends that legalising possession of child pornography would perpetuate its creation and exploitation of children. During the proceedings, concerns were raised about the prolonged viewing of such material by the defendant over two years.

While the Supreme Court bench reserved its ruling, it emphasised the distinction between viewing child pornography and the exploitation of children in its production.

The Supreme Court’s decision will undoubtedly have far-reaching implications for child protection and societal norms.

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