Sex Education Not A Western Concept, Misconception That It Encourages Promiscuity Among Youth : Supreme Court

"Another common belief is that sex education is a Western concept that does not align with traditional Indian values. This view has led to resistance from various state governments, resulting in bans on sex education in schools in some states." observed the Supreme Court today in a landmark ruling against child pornographic content. A bench of CJI DY Chandrachud and Justice JB Pardiwala added "this type of opposition hinders the implementation of comprehensive and effective sexual health programs, 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."Today, the Supreme Court has held that mere storage of “child sexual exploitative and abuse material" (child pornography) without deleting or reporting the same would indicate the intention to transmit, and merely watching it without download would amount to "possession" under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).The judgment has suggested to the Parliament to amend the POCSO Act to replace the term 'Child Pornography' with 'Child Sexual Exploitative and Abuse Material' (CSEAM). The Court also asked the Union Government to issue an ordinance in the meantime to effect such an amendment.Addressing another misconceived belief, the Court added: "Additionally, there is a misconception that sex education only covers biological aspects of reproduction. Effective sex education encompasses a wide range of topics, including consent, healthy relationships, gender equality, and respect for diversity. Addressing these topics is crucial for reducing sexual violence and promoting gender equity."Despite some of these challenges, there are successful sex education programs in India, such as the Udaan program in Jharkhand, the Court pointed out. This program's success highlights the importance of community involvement, transparency, and government support in overcoming resistance and creating a supportive environment for sex education.Sex education and its misconception Notably, the Court had chosen to address the misconception about sex education widespread in India. It stated: "In India, the misconceptions about sex education are widespread and contribute to its limited implementation and effectiveness. 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."It added: "One prevalent misconception is 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."On positive age-appropriate 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 Child CSEAM, the Court noted. It held: "Positive sex education focuses on providing accurate, age-appropriate information about sexuality, consent, and respectful relationships. 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 programs. 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."Furthermore, positive sex education promotes healthy attitudes towards sexuality and relationships, which can counteract the distorted perceptions often associated with the consumption of child pornography. It can also help foster greater empathy and respect for others, reducing the likelihood of engaging in exploitative behaviours. Comprehensive sex education programs also 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," the Court observed.The Court stated that 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.Child...

Sex Education Not A Western Concept, Misconception That It Encourages Promiscuity Among Youth : Supreme Court

Gursimran Kaur Bakshi

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