Kerala High Court decriminalizes watching porn in privacy
The Kerala High Court has made it clear that watching pornographic photos or videos privately is not against the law.
In an impactful judgement by the Kerala High Court, a stand has been taken to underline the rights of people’s privacy within their own homes in line with consumption of pornographic content. A basic principle of cloning up private spaces and keeping them inviolable, the Court has made it clear that watching pornographic photos or videos privately is not against the law.
India & Pornography: The Statistics and the Stigma
India is known to hold one of the world’s highest consumer rates in the world when it comes to pornographic material, even with restraints from the government. The intrigue and the accessibility to pornography have seen an upswing, leading to an important question – Is it legal to watch porn in India?
The Kerala High Court states that viewing pornographic imagery or videos privately without publicizing them is not an affront to the law.
Case Accessibility and Privacy Breaches
A recent case was brought to light where a 33-year-old man filed a case after being arrested by the police for watching content on his mobile phone. The judgement upheld by Justice P V Kunhikrishnan, pointed out that classifying such activities would be deemed as crossing the line into personal privacy.
Changing Times: From Traditional Crafts to the Digital Age
Recognizing the existence and prevalence of erotica and material through centuries and its mushrooming in the digital era, the court built a strong case for individual privacy. In the court’s words:
“… It is a personal choice and any interference would be a violation of one’s privacy.”
Understanding the Law
In the conclusion of judgement, specified pointers are made clear for understanding when viewing porn is considered an offense under the law of India.
- Watching pornographic imagery or videos is legal when done privately and is not considered an offence under Section 292 (obscenity) of IPC.
- If there is an attempt to circulate, distribute or publicly exhibit any obscene material, it is considered an offense under Section 292 IPC.
- No offense is made under Section 292 of IPC if these conditions are not violated. Hence, proceedings in the court with respect to the case of the accused have been dismissed.
Guidelines: What’s Legal and What’s Not
It’s critical to understand what is considered legal and illegal with respect to pornography:
- Viewing for personal consumption is legal only for adults and only in private.
- Producing, publishing, or distributing any form of porn is illegal.
- Downloading and storing is legal, unless it involves child pornography. However, sharing such material with others is illegal as it amounts to distribution.
- Forcing anyone, including your spouse or friend, to watch is a criminal offense.
The Kerala High Court’s judgement is a significant mark towards respecting individuals’ privacy. However, it is vital to understand where the boundaries lie. As an informed citizen, it is essential to understand the legal nuances and stay informed about such matters. This not only ensures your privacy but also prevents any legal misunderstandings.
Please, also have a look into : Delhi High Court rules wilful denial of sexual relationship by spouse as cruelty
