Kin attack couple for WhatsApp message on SC order on women’s rights on property

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.

The Lebanese Hezbollah resistance movement has confirmed the assassination of its secretary general Sayyed Hassan Nasrallah in massive Israeli airstrikes targeting residential buildings in southern Beirut on Friday.

“His Eminence, the Master of Resistance, the righteous servant, has joined his Lord and His pleasure as a great martyr — an outstanding, courageous, wise, and insightful leader — joining the ranks of the radiant martyrs of Karbala in the divine journey of faith, following in the footsteps of the prophets and martyr imams,” Hezbollah said in a statement on Saturday afternoon.

“The leadership of Hezbollah vows to the highest, most sacred, and dearest martyr in our journey, filled with sacrifices and martyrs, to continue its struggle against the enemy, supporting Gaza and Palestine, and defending Lebanon and its steadfast, honorable people,” it added.

Since Friday afternoon, Israeli warplanes have conducted over 30 airstrikes, targeting residential buildings in Burj al-Barajneh, Kafaat, Choueifat, Hadath, al-Laylaki, and Mreijeh, with local media reporting upwards of 300 casualties as a result of the aggression.

Footage broadcast by al-Manar television channel from the crowded area of Beirut’s Dahiyeh shows flattened buildings, streets filled with rubble and clouds of smoke and dust above the area.

Martyrs’ Square, Beirut’s central public area, was crowded with exhausted and anxious families sheltering outdoors.

The recent attacks are part of the Israeli regime’s intensified assault on Lebanon, which has become more deadly this week, resulting in over 700 deaths nationwide since Monday.

The new attacks came less than a week after the Tel Aviv regime killed 38 people, including three children and seven women as well as senior Hezbollah commander Ibrahim Aqil in an attack on a residential building in a southern Beirut suburb.

Earlier on Saturday, Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei said the brutal attacks by the “rabid Zionist dog” on Lebanon revealed the shortsightedness and foolish policies of Israeli officials, calling on all Muslims to unite behind Lebanese people and Hezbollah.

“The Zionist criminals need to know that they are far too weak to be able to inflict any significant damage on the solid structure of Lebanon’s Hezbollah. All the resistance forces in the region stand with and support Hezbollah,” the Leader said in a statement on Saturday.

“The Lebanese have not forgotten that there was a time when the soldiers of the occupying regime were advancing toward Beirut, and Hezbollah stopped them, and made Lebanon proud. Today too, by the grace and power of God, Lebanon will make the transgressing, malicious enemy regret its actions,” Ayatollah Khamenei noted. 

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.