This article explores the legal framework surrounding pornographic content in India and addresses whether it is illegal to watch porn.
In Indian law, the topic of pornography is primarily governed by three acts:
- Information Technology (IT) Act, 2000
- Indian Penal Code (IPC)
- Protection of Children from Sexual Offences (POCSO) Act, 2012
Watching Porn Privately Is Not Illegal
In India, watching pornographic content in private settings is not considered illegal. Article 21 of the Indian Constitution guarantees the right to life and personal liberty to Indian citizens. In a 2015 case, the Supreme Court of India remarked that watching porn in a private room may fall under the right to personal liberty. This right cannot be infringed upon by any authority except through a legally established procedure.
Thus, as long as individuals view pornographic films in private spaces, it is entirely legal. However, possessing or viewing pornographic material that depicts child pornography, rape, or violence against women is an offense, regardless of the viewing context.
The Porn Ban in India
It’s important to note that none of the Fundamental Rights in India are absolute. Each right comes with reasonable restrictions. “Morality and decency” can limit the exercise of fundamental rights. Consequently, the Indian government attempted to ban pornographic content in 2015, followed by another unsuccessful attempt in 2018.
This raises the question: if porn is banned in India, how is it legal to watch it privately? The answer has two parts. First, the responsibility for enforcing the porn ban lies with Internet Service Providers (ISPs). If an adult citizen uses tools like a VPN to access porn websites, the ISP is at fault, not the individual.
Second, the government’s main justification for the porn ban was to eliminate child pornography and material depicting violence against women. Therefore, as long as individuals avoid such content, they remain within legal boundaries.
However, it is crucial to remember that if someone watches a porn video privately and subsequently shares or stores it, that action is considered an offense under Indian law.
Beware of Fraudulent Messages
Recently, many users have reported receiving messages claiming to be from the “Ministry of Law and Justice” while accessing adult websites. These messages warn that their browsers have been locked due to the viewing of illegal materials and demand a fine of ₹29,000 for unlocking.
We want to inform our readers that these messages are fraudulent attempts by hackers to deceive users. Neither the Government of India nor any law enforcement agency has the capability to lock personal computers or laptops.
Additionally, the demand for a ₹29,000 fine further confirms the fraudulent nature of these messages. There is no law in India that penalizes watching porn in private spaces or imposes such a fine for this act. Moreover, even the smallest offenses must be proven in a court of law before punishment can be applied; in this case, a penalty has been threatened without due process.
It is advisable to be vigilant about these cyber frauds and avoid paying any amount under the threat of such messages.
– Why Was Raj Kundra Arrested?
Section 67 of the IT Act prohibits the publication or transmission of “obscene material” in electronic form, defining it as content that is lascivious or appeals to prurient interests or has the potential to deprave and corrupt. Additionally, Sections 292 and 293 of the IPC make it illegal to sell, distribute, or exhibit obscene objects.
Raj Kundra was arrested based on allegations of creating and circulating pornographic content through apps like ‘Hotshot’ and ‘WhatsApp.’
India’s Strict Stance Against Child Pornography
The 2018 porn ban was influenced by a brutal incident in which four boys gang-raped a 16-year-old girl after luring her under false pretenses. During the investigation, one boy confessed that the idea of rape came to him after watching porn on his phone. In light of this incident, the Uttarakhand High Court urged the government to restrict unlimited access to pornographic sites to mitigate their negative impact on children.
Given the concerns about the adverse effects of porn on young minds, national laws on child pornography have been tightened. Section 14 of the POCSO Act imposes severe penalties for using children for pornographic purposes, while Section 15 criminalizes the possession or storage of child pornography. Additionally, Section 67B of the IT Act enforces strict penalties for publishing or transmitting material depicting minors in sexually explicit acts.
Conclusion
The laws against pornography in India have been formulated with three primary objectives:
- To mitigate the negative effects of porn on young minds.
- To combat child pornography.
- To address and reduce sexual violence against women in the country.
