The Supreme Court of India asserted the importance of including sex education in school curriculums, debunking the misconception that it "promotes promiscuity among youth." A bench of CJI DY Chandrachud and Justice JB Pardiwala stressed the need for comprehensive sex education in order to curb the incidence of sex crimes in India. They acknowledged that many people hold conservative views about sex, contributing to a widely misguided understanding of the topic.
The apex court recently delivered a landmark judgement which asserted that downloading and watching 'Child Sexual Exploitative and Abusive Material' (CSEAM) is a crime under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Justice Pardiwala penned a 200-page verdict for the bench.
Supreme Court On Sex Education
The Supreme Court bench viewed that there are several myths about sex education in India. Justice Pardiwala, in his verdict, noted that one of the most prevalent misconceptions is that it 'promotes promiscuity and irresponsible behaviour' among youth. However, the bench argued otherwise.
"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 court stated.
Various State governments have banned sex education in schools due to the belief that it 'does not align with Indian values'. "This type of opposition hinders the implementation of comprehensive and effective sexual health programmes, leaving many adolescents without accurate information," the SC said.
The bench said that resistance to sex education leads youth to turn to unreliable sources. "This is what causes [them] 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."
SC Views That Sex-Ed Can Curb Harmful Sexual Behaviours
The Court observed that sex education provides accurate information about sexuality, consent, and respectful relationships. "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."
The bench noted that 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.
"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," the bench cited. "The research done in India has shown the need for comprehensive sex education programmes.
The SC referred to provisions of the POCSO Act and stated, "The obligation of the appropriate government and the commission 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 viewed that it is a collective responsibility to ensure that victims/survivors of CSEAM 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," the Court said.