Cheshta TaterCo-Founder, Rightantra One of the most challenging tasks of raising a child is to ensure that conversations about awkward or taboo topics are comfortable and easy, while also serving their purpose of education. Topping the list of such topics, is the birds and the bees talk- conversations surrounding sex, including pornography. Unfortunately, most children do not receive accurate information and exposure from proper channels regarding the same, creating a cycle of misinformation and taboos. Through this series of articles, Rightantra will explain the concept of pornography, while focusing on the illegal act of child pornography. The present series are structured in the following manner:
Article 1: Consent and Child Pornography; detailing as to how child pornography differs from pornography Article 2: India’s Legal Stand; elucidating upon the Indian Law on Child Pornography Article 3: Do Your Part; listing down the things one can do to prevent child pornography and to keep children safe Article 4: Making of a Sound International Regime; wherein we provide possible solutions which can be adapted by governmental authorities globally to comply with the International Law’s stand on Child Pornography. Pornography refers to the sexually explicit portrayal of any person, whether real or fictional, in visual form. This could be nude images of a person or a video of a sexual act. The definition of what constitutes pornography varies considerably across persons, gender, cultures, religions, communities, countries, time, and also across generations. Pornographic material with a subject (person in such material) below the age of 18 years is referred to as “child pornography” and its production, possession, distribution, and viewership is strictly prohibited. Further, even the modification of an image or video in such way, such as CGI or Deepfaking, that it appears to be a child engaged in a sexually explicit act is considered child pornography. Why is Child Pornography prohibited? Consent is the most important factor when it comes to sexual activities and sexual intercourse. The absence of consent in a sexual activity makes it an act of rape. It is of highest importance to distinguish between pornography and child pornography. As per the laws of various nations, including India, as well as neurological studies, individuals below the age of 18 years do not have the capacity to consent. Therefore, every single child involved in the production of child pornogrpahic material is a victim of rape and sexual abuse. Further, child sexual abuse is generally the final outcome of a long period of sexual grooming. Sexual grooming refers to the process which fosters a false sense of trust and authority over a child in order to desensitize or break down a child's resistance to sexual abuse. Therefore, even if a child appears complacent in a particular image, it is important to remember that the abuse may have started years before that image was created. Why should we try to stop viewership of Child Pornography? Child Pornography is a result of non-consensual sexual exploitation of the concerned children. Not only is the exploitation then made globally available through the internet but is also commercialised by many. This is grossly against the right against exploitation, right to dignity, and the right to privacy, all of which are fundamental human rights. Last year, there were 18.4 million reported cases of child pornography across the world. Studies show that increased rates of viewership result in perpetuating sexual offences against children, including trafficking. So, what does the law do to prohibit it and what can we do to stop this inhumane act? Read on our next articles for the answers to these questions. References:
Please note that this is NOT legal advice but the legal opinion of the author and is for informational purposes only.
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