Mere downloading or watching of child porn is also offence under POCSO Act: Supreme Court

News Network
September 23, 2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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News Network
October 8,2024

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In her debut electoral contest, Vinesh Phogat, a celebrated wrestler-turned-politician, has secured a decisive victory for the Indian National Congress in the Julana assembly constituency of Haryana. Phogat garnered approximately 65,080 votes, defeating Bharatiya Janata Party (BJP) candidate Captain Yogesh Kumar by a margin of over 6,000 votes. This win marks a significant turnaround for Congress, which had faced defeat in Julana for the last three assembly elections and had only won the seat four times since 1967.

Phogat's victory also saw her outpace the incumbent MLA, Amarjeet Dhanda, a Jannayak Janta Party (JJP) leader. The results of the Haryana Assembly elections were officially announced on Tuesday, October 8.

Phogat, who transitioned into politics after her wrestling career, had been disqualified from competing in the 2024 Paris Olympics gold medal match due to weight category issues. Many speculated that she had been “deliberately defeated” in the competition, while Phogat herself alleged that the Union government had failed to provide her with adequate support.

In the aftermath of her disqualification, Phogat filed an appeal with the Court of Arbitration for Sports (CAS), seeking to share the silver medal with Cuban wrestler Yusneylys Guzmán Lopez, whom she had defeated in the semi-finals. Four pro bono lawyers in Paris submitted the protest appeal on her behalf. The Indian Olympic Association (IOA) also sought more time to appoint legal representation. However, despite days of deliberation, the CAS ultimately dismissed the appeal.

On September 6, shortly after her sporting career came to an end, Phogat, along with fellow wrestler Bajrang Punia, formally joined the Congress party. Reflecting on her decision, she remarked that she had not retired from wrestling during the Jantar Mantar protests in order to inspire young girls and women. “The whole country thought I would retire during the protests because the BJP IT cell tried to paint us as troublemakers, as though we were finished and only playing politics,” Phogat stated.

Vinesh and Punia were at the forefront of protests against Brij Bhushan Sharan Singh, the Wrestling Federation of India (WFI) chief and BJP MP, who faces multiple allegations of sexual harassment. The protests, which took place at Jantar Mantar in New Delhi last year, were met with significant police aggression.

During the protests, Phogat had publicly accused Singh of subjecting her to severe mental harassment, to the point where she struggled with suicidal thoughts. Despite these personal battles, she persisted, even as the Indian Olympic Association president and former athlete PT Usha accused the wrestlers of “tarnishing India’s image” during the protests.

In a candid reflection on her retirement, Phogat shared, “Many urged me not to retire, but I had to ask myself – for what purpose should I continue wrestling? There is politics everywhere. Now, I want to do politics that can bring real change, to fight for the future of our children and stand by them when it matters.”

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News Network
October 3,2024

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Karnataka Health Minister Dinesh Gundu Rao reminded that V D Savarkar was not against cow slaughter as he himself was non-veg eater, PTI reported on Thursday.

"As a Brahmin he was eating meat, and he was openly propagating eating meat," said the minister at an event in Bengaluru.

Reacting to Gundu Rao's claim, BJP MP Anurag Thakur called Congress a "factory of lies" as he warned that India won't tolerate any disrespect towards Savarkar.

"By disrespecting Veer Savarkar they have shown that they don't respect freedom fighters. During the Congress government, Sardar Bhagat Singh was termed a separatist in textbooks...By making those who want to break the nation join the congress party, Rahul Gandhi is taking forward the ideology of 'tukde tukde' and he is a 'modern Jinnah' who speaks ill of the country abroad...," he said.

Meanwhile, a court in Maharashtra's Nashik district summoned Congress MP Rahul Gandhi earlier this week in a defamation case filed against him for his alleged objectionable remarks against the Hindutva ideologue.

The complainant, who is the director of an NGO, claimed he watched a press conference addressed by Gandhi in Hingoli and also a speech made by the Congress leader in November 2022.

He alleged that Gandhi, on the two occasions, by his words and visual representations knowingly harmed the reputation of Veer Savarkar and also tried to defame the latter's image in the society.

According to the complainant, Gandhi said "Savarkar is BJP and RSS jin" which was defamatory in nature.

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News Network
October 3,2024

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In a relief to Sadhguru, the Supreme Court on Thursday stayed the police action against Isha Foundation and transferred the matter from the Madras High Court to the top court, PTI reported.

Sadhguru's Isha Foundation today moved the Supreme Court against a Madras High Court order to submit details of all criminal cases against it, ANI reported.

Isha Foundation sought a stay on Madras High Court order, told Supreme Court that 500 policemen raided it, probing every corner, PTI reported.

Senior advocate Mukul Rohatgi appearing for Isha Foundation sought an urgent hearing today.

A bench of CJI DY Chandrachud said that you can't let Police or Army enter a place like this, the agency reported.

One of the women appeared online and said she was staying at the Isha Yoga Centre willingly. The woman told the Supreme Court that both of the sisters are at the Ashram out of their own will and this harassment from their father's side has been continuing for the last eight years.

The top court said it would interact with the two women online in their chambers right away.

Tamil Nadu Police on Tuesday launched an inquiry against Isha Foundation run by yoga guru Jaggi Vasudev over several allegations, a day after the Madras High Court sought a status report on all criminal cases registered against the organisation.

A multi-departmental team led by K Karthikeyan, Coimbatore Rural District Superintendent of Police, and consisting of officials from the Social Welfare Department and the District Child Protection Committee launched the inquiry at the sprawling premises of Isha Foundation in Thondamuthur.

 “We have launched an inquiry based on the court order,” a senior police official told DH from Coimbatore. The police team sought details of cases registered against the foundation in the past and inquired with several inmates about their condition in the ashram.

The inquiry came a day after the court ordered the police to conduct an enquiry and file a report on a habeas corpus petition filed by retired professor S Kamaraj, who alleged that his two daughters were being held captive at the ashram.

When contacted, a spokesperson for Isha Foundation admitted that a team led by the district SP was conducting an inquiry at the premises and that there were no searches. “They are enquiring with residents and volunteers, understanding the lifestyle, understanding how they come in and stay etc,” the spokesperson said.

The foundation also said the two women have clearly stated that they are staying in Isha Yoga Centre out of their own volition. “Now that the matter is seized by the court, we hope truth will prevail and there is an end to all the unnecessary controversies created,” the foundation said.

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