From Child Pornography To CSEAM: A Case Comment On Just Rights For Children Alliance V. Union Of India
- IJLLR Journal
- Jul 23
- 1 min read
C. Suriya Lakksmi, M.S. Ramaiah College of Law, Bengaluru
ABSTRACT
The law surrounding child sexual exploitation in India has faced increasing interpretative challenges, particularly with respect to Section 15 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”) and Section 67B of the Information Technology Act, 2000. Conflicting High Court rulings on whether passive possession or mere viewing of exploitative content amounts to criminal liability have created significant legal ambiguity. In this context, the case of Just Rights for Children Alliance v. Union of India warrants close examination, as it addresses these interpretative gaps through a purposive and victim-centric approach.
This paper seeks to analyse four key aspects of the case. First, it explores the scope of Section 15 of the POCSO Act. Second, it examines the Court’s introduction of the doctrine of constructive possession into Indian jurisprudence, drawing on U.S. federal case law to clarify the concept of control in digital spaces and its interplay with Section 67B of the IT Act. Third, it discusses the principle of foundational facts and the operation of statutory presumptions under Sections 29 and 30 of the POCSO Act. Lastly, it analyses the Court’s reasoned rejection of the plea of ignorance of law.
Through a normative analysis, this paper supports the Court’s interpretation and highlights its role in resolving key ambiguities in the law on child sexual exploitation.
Keywords: POCSO, CSEAM, Criminal liability, Digital child protection
