Abstract:
Pornography has remained one of the most controversial yet universal phenomena in modern society. While it engages fundamental questions of morality, freedom of expression, and personal autonomy, it also presents legal and societal challenges that lawmakers continue to battle with. In India, pornography is not completely illegal, but its distribution and public access are strictly prohibited under the Information Technology Act, 2000 (IT Act). This article explores the boundaries of porn in Indian society, its legal framework, judicial interpretations, comparative perspectives of laws in other countries, and the tension between digital and technological realities within societal morality. This article further explores whether Lawmakers have the right to prohibit someone from viewing sexually explicit content, or is it protected under the right to privacy.
Introduction:
Pornographic content on the internet has become significantly easier and more accessible, especially now that every member in the family has their own phone, maintaining individual privacy and allowing them to explore content without any boundaries set. Pornography, while widely consumed, exists at the intersection of morality, freedom of speech, and public order. India’s legal stance is nuanced: it does not criminalise private consumption due to perplexing laws that allow consensual content. However, it heavily regulates distribution, production, and even public exhibition. Understanding these boundaries requires an analysis of statutory provisions(IPC, BNS), judicial pronouncements (verdicts), comparative jurisdictions around the world, and the societal norms that influence and are influenced by pornography.
Legal framework in India
The regulation of pornography in India primarily revolves around the Information Technology Act, 2000 (IT Act), the Bhartiya Nyaya Sanhita, 2023 and judicial interpretation. Sections 67, 67A, and 67B of the IT Act explicitly criminalise the publishing, transmitting, or transmitting for commercial purposes obscene material in electronic form, imposing fines and imprisonment. The BNS complements this with Section 294, which prohibits the sale, distribution, or exhibition of obscene material such as magazines, pamphlets, etc.
Comparative Perspective:
Porn laws differ drastically across jurisdictions, revealing the cultural and political values of each state:
• United States: Protected under the First Amendment as free speech, except for obscenity (as defined in Miller v. California, 1973). The “Miller Test” sets a high bar, meaning most adult content is legal if produced consensually.
• China: Maintains an absolute ban on pornography, with production, circulation, and even possession of these contents, they are punishable under criminal law. Strict censorship and surveillance make access nearly impossible.
• Japan: Pornography is widely available but subject to censorship laws requiring the obscuring of genitalia, reflecting Sexual organs, representing a cultural middle ground between what is legal and what is considered moral.
• India: Lies between permissive and prohibitive regimes. While it allows private consumption, it criminalises distribution and public circulation. India’s approach reflects a balancing act, acknowledging individual liberty while still upholding community morality.
This comparative survey highlights that India adopts a middle path. Neither embracing absolute freedom (like the US) nor total prohibition (like China). Its stance resonates with the constitutional principle of reasonable restrictions under Article 19(2).
Why Porn is Not Banned in India:
Despite strict regulations, India does not impose a complete ban on pornography for several reasons:
1. Technological Impossibility: The decentralised nature of the internet makes complete prohibition impractical. Attempts to block websites can be easily bypassed using VPNs and mirror sites.
2. Personal Autonomy: The private consumption of content by adults is not policed, in alignment with the constitutional right to privacy.
3. Economic and Global Realities: Pornography is a globally accessible digital industry. Excessive regulation risks infringing on broader freedoms of expression and commerce. of expression and commerce.
Although private consumption of pornography is legal, public exhibition or sale of pornographic material is prohibited to protect minors and uphold public morality. The societal discourse on this issue is divided; some people see pornography as degrading and harmful, while others argue that it can coexist with informed consent, sex education, and responsible consumption. As a result, the “boundaries” between law, morality, and changing social attitudes are continually being negotiated.ally being negotiated.
Conclusion
Pornography in India exists within a complex legal and societal framework, though it is impossible to completely restrict pornographic content from being viewed, distributed, or made. A wide range of attempts are made to reduce the consumption and production of sexually explicit content. Pornography is widely viewed as disgusting content and is looked down on who watch it. It is believed that the young generation is widely getting influenced by this exposure, which makes them desensitised to porn, reducing interest in sexual activity and creates unreal intimate expectations. Some laws protect individuals from filming, possessing such activity based on consent. Further, recently it has also been seen that many people willfully share their intimate videos to satisfy their partners’ needs and get caught in the crossfire and get frauded. Courts have consistently attempted to strike a balance between individual rights, technological realities, and societal morality. Compared globally, India emerges as a jurisdiction of moderation, crafting boundaries that reflect both constitutional values and cultural.
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