Child Pornography: “Only ‘Bharatiya Culture’ Can Act As A Bulwark; Can Tackle Menace By Inculcating Right Values”: Madras High Court

While granting anticipatory bail to a man who was arrested for sharing child pornographic content, the Madras High Court observed that the menace of child pornography can be tackled only if all of us inculcate the right values. Noting that child pornography is a very serious issue warranting a firm approach, the Bench of Justice G. R. Swaminathan, however, made the distinction between a onetime consumer and those who transmit or propagate or display or distribute in the digital domain. Importantly, the Court observed that the moment one steps into digital space, one comes under the surveillance either of the State or those manning the social networking sites. “If one is zealous about privacy, the only option is to stay outside such networks. Of course, in the current world, it is not a viable option,” added the Court. Further, noting that Section 43 of POCSO Act, 2012 [Public awareness about Act] mandates the Central and State Governments to take measures to spread public awareness about the provisions of the statute, the Court remarked:”But this alone may not be sufficient. That the ‘Big Brother’ is watching us may not deter those who are determined to indulge in such acts of perversity. The system also may not be able to prosecute every offender. Therefore, it is only through moral education, there can be a way out. It is only the Bharatiya culture that can act as a bulwark.”