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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Agencies
March 26,2025

New Delhi: Leader of Opposition Rahul Gandhi on Wednesday claimed that he was not being given a chance to speak in the House which was being run in a "non-democratic style", and said Lok Sabha Speaker Om Birla had made "unsubstantiated" remarks about him.

Gandhi's remarks came after Birla asked him to follow the rules of procedure that members are expected to observe to uphold the dignity of the House. It was not immediately clear what was the reason for the Speaker to make the observation.

The former Congress president said the Speaker made remarks about him and then adjourned the House without giving him an opportunity to speak.

"The Speaker just got up and left. He did not allow me to speak a word. He was speaking about me, and I don't know what he said about me, all unsubstantiated. I said, 'let me speak as you have spoken about me', but he did not say a word and just left. He adjourned the House when there was no need of it," the former Congress president said.

About 70 Congress Lok Sabha MPs, including deputy leader of Lok Sabha Gaurav Gogoi, party general secretary KC Venugopal and party's whip in the Lok Sabha Manickam Tagore, met the Lok Sabha speaker and raised the "denial" of opportunity to Gandhi to speak in the House.

Speaking with reporters in Parliament House complex, Gandhi said there is a convention that the Leader of Opposition is allowed to speak, but whenever he gets up to speak, he is not allowed to speak.

"So, in what manner is this House being run? We are not being allowed to speak. I have not done anything, I was sitting quietly, I did not speak anything. In the last 7-8 days, I have not been allowed to speak," the Leader of Opposition in the Lok Sabha said.

In a democracy, the opposition has a place, and the government has its own place but here there is no place for the opposition, he alleged.

Gandhi said he wanted to speak on Maha Kumbh last week after Prime Minister Narendra Modi had made a statement on it but he was not allowed to speak.

"I wanted to state that it is good that Kumbh happened, and I wanted to speak about unemployment, but I was not allowed to speak. I don't know what thinking or approach does the Speaker have but the truth is we are not being allowed to speak. It (the House) is being run in a non-democratic style," Gandhi claimed.

Earlier, in his remarks, the Speaker said members are expected to conduct themselves in a manner that upholds the high standards and dignity of the House.

"Several instances have come to my notice where the conduct of members does not conform to the high standards," the Speaker said.

"In this House, father and daughter, mother and daughter, husband and wife have been members. In this context, I expect the Leader of the Opposition to conduct himself in accordance with Rule 349 that deals with rules to be observed by members in the House," the Speaker said.

"Especially, it is expected of the Leader of the Opposition to conduct himself as per the rules," the Speaker said.

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News Network
March 28,2025

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A 7.7 magnitude earthquake, and an aftershock of 6.8, hit central Myanmar at 12.50pm (local time) Friday. The epicentre was 16km northwest of the city of Sagaing, and at a depth of 10km, the United States Geological Survey said. 20 deaths have been reported - in Myanmar so far - by local media.

Deaths have also been reported from a mosque in Mandalay city, which collapsed while people were inside, praying and a university building in which a fire broke out. And a 1,000-bed hospital in Myanmar capital Naypyidaw has become a "mass casualty area", news agency AFP said.

The Myanmar junta has declared an 'emergency' and has appealed for international aid.

Tremors were felt as far away as northern Thailand, where some metro and rail services were suspended in Bangkok. Thai Prime Minister Paetongtarn Shinawatra is holding an "urgent meeting" to review the crisis and she too has declared a state of 'emergency' in the capital city.

China's Yunnan province also reported strong tremors; the China Earthquake Networks Center said the magnitude was 7.9. And mild tremors were also reported from Kolkata in Bengal and parts of Manipur, where tremors of 4.4 magnitude were recorded as well as Dhaka and Chattogram in Bangladesh.

Prime Minister Narendra Modi has said India is ready to offer any assistance needed. "Praying for the safety and wellbeing of everyone," he posted on X. "... have asked our authorities to be on standby."

Terrifying videos on X showed buildings shaking in Bangkok and other cities, with people running onto the streets in panic. "I heard it... I was sleeping in the house and then I ran as far as I could in my pyjamas out of the building," Duangjai, a resident of popular tourist city Chiang Mai, told AFP.

One particularly horrifying video showed water from an infinity pool falling over the edge.

And another showed an under-construction skyscraper in Bangkok's Chatuchak neighbourhood collapsing. According to reports, 43 workers have been trapped amid the debris.

"When I arrived to inspect the site, I heard people calling for help, saying help me," Worapat Sukthai, deputy police chief of Bang Sue district, told AFP. "We estimate that hundreds of people are injured but we are still determining the number of casualties."

In Myanmar, an old bridge over the Irrawaddy River and some residential buildings having collapsed, with images from Mandalay (around 24km from Sagaing) suggesting more people may be trapped.

Other videos showed extensive damage to the airport in Mandalay and to a monastery near the city of Taunggyi, in Myanmar's Shan State that is on the border to Thailand.

Earthquakes are relatively common in Myanmar, where six strong quakes of 7.0 magnitude or more struck between 1930 and 1956 near the Sagaing Fault, which runs north to south through the country.

A powerful 6.8-magnitude earthquake, in the ancient capital Bagan in central Myanmar, killed three people in 2016, also toppling spires and crumbling temple walls at the tourist destination.

The impoverished nation has a strained medical system, especially in its rural states.

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Agencies
April 6,2025

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New Delhi, Apr 6: President Droupadi Murmu on Saturday gave her assent to the Waqf (Amendment) Bill, 2025, which was passed by Parliament earlier this week.

Murmu also gave her assent to the Mussalman Wakf (Repeal) Bill, 2025.

"The following Act of Parliament received the assent of the president on April 5, 2025, and is hereby published for general information: The Waqf (Amendment) Act, 2025," the government said in a notification.

Parliament early on Friday approved the Bill after the Rajya Sabha gave its nod to the contentious legislation following an over 13-hour debate.

The discussion witnessed staunch objections from opposition parties, which termed the Bill "anti-Muslim" as well as "unconstitutional", while the government responded that the "historic reform" would benefit the minority community.

The Bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it.

It was passed in the Lok Sabha early on Thursday, with 288 members supporting it and 232 against it.

Parliament had also approved the Mussalman Wakf (Repeal) Bill, with the Rajya Sabha giving its nod. The Lok Sabha had already given its assent to the Bill.

After the president gave her assent, it has also become a law.

Congress MP Mohammad Jawed and All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi on Friday challenged the validity of the Waqf (Amendment) Bill in the Supreme Court, saying it violated constitutional provisions. 

Jawed's plea alleged the Bill imposed "arbitrary restrictions" on Waqf properties and their management, undermining the religious autonomy of the Muslim community.
The petition, filed through advocate Anas Tanwir, said it discriminated against the Muslim community by "imposing restrictions that are not present in the governance of other religious endowments".

Jawed, the Lok Sabha MP from Kishanganj in Bihar, was a member of the Joint Parliamentary Committee on the Bill and alleged in his plea that it "introduces restrictions on the creation of Waqfs based on the duration of one's religious practice".

In his separate plea, Owaisi said the Bill took away from Waqfs various protections accorded to Waqfs and Hindu, Jain and Sikh religious and charitable endowments alike.

Owaisi's plea, filed by advocate Lzafeer Ahmad, said, "This diminishing of the protection given to Waqfs while retaining them for religious and charitable endowments of other religions constitutes hostile discrimination against Muslims and is violative of articles 14 and 15 of the Constitution, which prohibit discrimination on the grounds of religion."

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