38.6c New Delhi, India, Sunday, November 24, 2024
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court for comprehensive sex education

By Jhanak Singh      24 September, 2024 12:26 PM      0 Comments
Supreme Court for comprehensive sex education

NEW DELHI: The Supreme Court has said raising awareness about the realities of child sexual exploitative material and its consequences through public campaigns can help reduce its prevalence. These campaigns should aim to destigmatise reporting and encourage community vigilance.  

The apex court strongly favoured for comprehensive sex education which can promote healthy attitudes towards sexuality and relationships, and can counteract the distorted perceptions often associated with the consumption of child pornography.

In its judgment holding storing, downloading and watching sexually explicit content involving children as an offence, a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala said such programmes 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.

It can also help foster greater empathy and respect for others, reducing the likelihood of engaging in exploitative behaviours, the court said.

The bench felt implementing such programmes that include information about the legal and ethical ramifications of child pornography can help deter potential offenders.

Also Read: Storage or watching child pornography is offence under POCSO Act: SC [Read Judgment]

"These programmes should address common misconceptions and provide young people with a clear understanding of consent and the impact of exploitation," it said.

The court noted in India, the misconceptions about sex education are widespread and contribute to its limited implementation and effectiveness.

"Many people, including parents and educators, hold conservative views that discussing sex is inappropriate, immoral, or embarrassing. This societal stigma creates a reluctance to talk openly about sexual health, leading to a significant knowledge gap among adolescents," it said.

The court also said one prevalent misconception is that sex education encourages promiscuity and irresponsible behaviour among youth.

"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," it said.

The court also noted another common belief is that sex education is a Western concept that does not align with traditional Indian values.

"This view has led to resistance from various state governments, resulting in bans on sex education in schools in some states. This type of 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," the bench said.

Additionally, the court noted, there is a misconception that sex education only covers biological aspects of reproduction.

"Effective sex education 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 bench said.

Citing successful sex education programmes in India, such as the 'Udaan' in Jharkhand, the court said its success highlights the importance of community involvement, transparency, and government support in overcoming resistance and creating a supportive environment.

"Positive age-appropriate sex education plays a critical role in preventing youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM. Positive sex education focuses on providing accurate, age-appropriate information about sexuality, consent, and respectful relationships," the court said.

The bench emphasised it is of paramount importance to address misconceptions around sexual health, and promoting a comprehensive understanding of sex education's benefits, which is essential for improving sexual health outcomes and reducing the incidence of sexual crimes in India.

"This is especially crucial given India's growing population," it said.

Also Read: Storage or watching child porno is offence under POCSO Act: SC

The bench said the obligation of the appropriate government and the NCPCR under Section(s) 43 and 44 of the POCSO Act 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 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 said.

The court felt all steps and efforts of the appropriate government and the NCPCR towards the compliance of Section(s) 43 and 44 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.

The court also noted identifying at-risk individuals early and implementing intervention strategies for youth with problematic sexual behaviours (PSB) involves several steps and requires a coordinated effort among various stakeholders, including educators, healthcare providers, law enforcement, and child welfare services. Educators, healthcare professionals, and law enforcement officers should be imparted training to identify signs of PSB. Awareness programs can help these professionals recognise early warning signs and understand how to respond appropriately, the bench said.

The court also said schools can also play a crucial role in early identification and intervention. Implementing school-based programmes that educate students about healthy relationships, consent, and appropriate behaviour can help prevent PSB, it said.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

TRENDING NEWS

can-the-preamble-of-the-constitution-be-amended-during-an-emergency-and-after-the-expiry-of-the-lok-sabha
Trending Know The Law
Can the Preamble of the Constitution be Amended During an Emergency and After the Expiry of the Lok Sabha?

Can the Preamble of the Constitution be amended during an emergency? Explore constitutional, legal, and ethical questions surrounding the 42nd Amendment.

23 November, 2024 10:03 PM

TOP STORIES

sc-to-president-decide-death-row-convict-balwant-singhs-mercy-plea-in-2-weeks-or-court-will-intervene
Trending Judiciary
SC to President: Decide death row convict Balwant Singh’s mercy plea in 2 weeks or court will intervene

SC directs President to decide death row convict Balwant Singh Rajoana’s mercy plea in 2 weeks, warns of intervention if delay persists. Hearing on Dec 5.

18 November, 2024 01:11 PM
high-courts-must-ensure-genuineness-of-settlement-before-quashing-proceedings-sc
Trending Judiciary
High Courts must ensure genuineness of settlement before quashing proceedings: SC [Read Judgment]

SC mandates High Courts to verify the genuineness of settlements in serious offences like rape before quashing cases, ensuring justice and transparency.

18 November, 2024 01:49 PM
supreme-court-enforces-grap-4-measures-to-combat-delhis-severe-air-pollution-warns-against-relaxation
Trending Judiciary
Supreme Court enforces GRAP-4 measures to combat Delhi’s severe air pollution, warns against relaxation [Read Order]

Supreme Court enforces GRAP-4 measures in Delhi-NCR as air quality worsens, mandates strict action on pollution and stubble burning for immediate relief.

19 November, 2024 10:26 AM
cji-sanjiv-khanna-recuses-from-delhi-ridge-tree-felling-case-supreme-court-seeks-tree-restoration-updates
Trending Judiciary
CJI Sanjiv Khanna recuses from Delhi Ridge Tree Felling Case, Supreme Court seeks tree restoration updates

CJI Sanjiv Khanna recuses from Delhi Ridge tree felling case citing prior involvement; Supreme Court seeks updates on restoration and monitoring measures.

19 November, 2024 10:58 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email