Stressing the need to address misconceptions around sexual health, the Supreme Court on Monday said promoting a comprehensive understanding of the benefits of sex education was essential for reducing the incidence of sexual crimes in the country.
The Supreme Court said in India, the misconceptions about sex education were widespread and contributed to its limited implementation and effectiveness.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said 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,” the bench said.
“It is of paramount importance that we begin to address misconceptions around sexual health, and promoting a comprehensive understanding of sex education’s benefits 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.
The top court delivered a landmark judgement which held that watching and downloading child pornography are offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Justice Pardiwala, who penned a 200-page verdict for the bench, said one prevalent misconception was that sex education encourages promiscuity and irresponsible behaviour among youth.
“Critics often argue that providing information about sexual health and contraception will lead to increased sexual activity among teenagers. 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,” the bench noted.
It said one common belief was that sex education was a “Western concept” that does not align with traditional Indian values.
The bench said 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 programmes, 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,” it said.
The top court said there was also a misconception that sex education only covers biological aspects of reproduction.
It said effective sex education encompasses a wide range of topics, including consent, healthy relationships, gender equality and respect for diversity and addressing these topics was crucial for reducing sexual violence and promoting gender equity.
The bench noted that despite some of these challenges, there are successful sex education programs in India, like the ‘Udaan’ programme in Jharkhand whose success highlights the importance of community involvement, transparency and government support in overcoming resistance and creating a supportive environment for sex education.
“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 (child sexual exploitative and abuse material),” it noted.
It observed that positive sex education focuses on providing accurate, age-appropriate information about sexuality, consent, and respectful relationships.
The bench said research indicates that comprehensive sex education can significantly reduce risky sexual behaviours, increase knowledge, enable healthy decision-making, reduce misinformation, delay sexual debut, decrease the number of sexual partners and increase contraceptive use.
“The research done in India has shown the need for comprehensive sex education programmes. A study of over 900 adolescents in Maharashtra found that students not exposed to scientific literature on reproductive and sexual health were more likely to initiate sex early,” it noted.
The top court said comprehensive sex education programmes 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.
Referring to some provisions of the Protection of Children from Sexual Offences (POCSO) Act, the bench said, “Since, one of the salutary and avowed objects 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 aforesaid 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 it was the collective responsibility to ensure that victims of child pornography receive the care, support and justice they deserve.
“By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope,” it said.
The top court set aside the Madras High Court ruling that said mere downloading and watching child pornography was not an offence under the POCSO Act and the IT Act.
The top court delivered its verdict on a plea challenging the Madras High Court order.
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