Just Rights for Children Alliance v. S Harish & Ors.

2024 OnLine SCC 2611 (CSEAM)

 

Just Rights for Children Alliance v. S. Harish & Ors. (2024) is a landmark Supreme Court case that changed how India treats Child Sexual Exploitation and Abuse Material (CSEAM) - material depicting or facilitating the sexual exploitation and abuse of children.

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The case arose after the Madras High Court held that mere possession or storage of such material was not, by itself, a criminal offence. JRCA challenged this position before the Supreme Court, pointing out that treating possession or downloading as lawful could fuel demand for such material and, ultimately, the exploitation of children.

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On 23 September 2024, the Supreme Court overturned the High Court's ruling and made the legal position clear: Possessing, downloading or viewing CSEAM constitutes a serious criminal offence, including where it is kept privately.

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The Court directed the use of “Child Sexual Exploitation and Abuse Material (CSEAM)” instead of the term “child pornography”, recognising that the material represents the abuse and exploitation of children.

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The Court ruling also found that Digital platforms and intermediaries have a duty to act against CSEAM and report it to Indian law-enforcement authorities in accordance with Indian law. Reporting such material to authorities outside India, including NCMEC, does not replace the obligation to report it to Indian authorities.

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Why this matters

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The case recognises that online child sexual abuse is not simply a content problem - it is part of a larger cycle of exploitation. Every image or video can represent a real child who has been abused, while its continued circulation creates further harm and sustains demand.

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In July 2026, JRCA approached the Supreme Court again, alleging non-compliance with the 2024 judgment. BBC also conducted an investigation alleging that paid advertisements promoting CSEAM had appeared on Instagram and that such material was not being adequately reported to Indian authorities.

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The matter subsequently drew the attention of the Supreme Court, Ministry of Electronics and Information Technology (MeitY), National Commission For Protection of Child Rights (NCPCR) and National Human Rights Commission (NHRC). NCPCR and NHRC initiated inquiries involving Meta, including appearances by Meta India representatives.

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In September 2026, nearly two years after the landmark judgment, Meta agreed to report CSEAM directly to Indian authorities - against the backdrop of the Supreme Court proceedings, regulatory inquiries and intervention by MeitY.

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In simple terms: the case moved the focus from “Is this material merely immoral?” to “This is evidence of child exploitation, and the digital ecosystem has a legal responsibility to prevent its circulation and report it.”