The Supreme Court on Monday called for implementing comprehensive sex education programs to give youth a clear understanding of consent and impact of exploitation. (Just Rights for Children Alliance and anr v S Harish and Ors)
A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala asked the Central government to consider constituting an Expert Committee to devise a comprehensive program or mechanism for health and sex education.
The Court said that the misconceptions about sex education are widespread in India and the social stigma creates a reluctance to talk openly about sexual health, resulting in a significant knowledge gap among adolescents.
It added that many people including parents and educators hold conservation views that discussing sex is inappropriate, immoral or embarrassing.
“One prevalent misconception is that sex education encourages promiscuity and irresponsible behaviour among youth. Critics often argue that providing information about sexual health and contraception will lead to increased sexual activity among teenagers. However, research has shown that comprehensive sex education actually delays the onset of sexual activity and promotes safer practices among those who are sexually active,” the Court said.
The Bench made the observations while answering whether watching and storage of child sexual abuse material (CSAM) would amount to an offence under the Protection of Children from Sexual Offences (POCSO) Act.
It further addressed the view that sex education is a Western concept that does not align with traditional Indian values. The Court said such common belief has led to resistance from various State governments in implementing sex education programs in schools.
However, the Court said such opposition hinders the implementation of comprehensive and effective sexual health programs, leaving many adolescents without accurate information.
“This is what causes teenagers and young adults to turn to the internet, where they have access to unmonitored and unfiltered information, which is often misleading and can plant the seed for unhealthy sexual behaviours,” it added.
Nevertheless, the Court acknowledged successful sex education programs in India, like the Udaan program in Jharkhand.
The Court also highlighted that sex education not only covers biological aspects of reproductions but encompasses a wide range of topics, including consent, healthy relationships, gender equality and respect for diversity.
Addressing these topics is crucial for reducing sexual violence and promoting gender equity, the Court said.
“Furthermore, positive sex education promotes healthy attitudes towards sexuality and relationships, which can counteract the distorted perceptions often associated with the consumption of child pornography. It can also help foster greater empathy and respect for others, reducing the likelihood of engaging in exploitative behaviours. Comprehensive sex education programs also teach youth about the importance of consent and the legal implications of sexual activities, helping them understand the severe consequences of viewing and distributing child pornography.”
In this regard, the Court said Section 43 of the POCSO Act obligates the Central and the State governments to undertake measures and ensure that the provisions of the said Act are given wide publicity through media to make the general public, children as well as their parents and guardians aware of the legislation.
It also highlighted that Section 44 of the POCSO on the other hand obligates the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights constituted under the Act to regularly monitor and assist in the implementation of the provisions of this Act.
The Court opined that the obligation does not end at spreading awareness but also extends to imparting sex education among public including children.
“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. Since, one of the salutary and avowed object of the POCSO was the deterrence of offences of child sexual abuse and exploitation, thus, as a natural corollary, the obligation 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 steps and efforts of the government and commissions must go beyond just the textual wording of the said provisions and ought to earnestly take into account the pragmatic necessities and requirements for curtailing the issue of child abuse, exploitation and addiction to pornography, it added.
“Ultimately, it is our collective responsibility to ensure that victims of child pornography receive the care, support, and justice they deserve. 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 Court said in conclusion.
Senior Advocate HS Phoolka appeared for the appellant-NGO.
Senior Advocate Swarupama Chaturvedi appeared for the National Commission for Protection of Child Rights.
Advocate Prashant S Kenjale appeared for the accused.
Advocate D Kumanan appeared for the State of Tamil Nadu.
[Read judgment]