“Kerala High Court Decriminalizes Private Porn Viewing”

Section 292 of the Indian Penal Code (IPC) pertains to the distribution, sale, or exhibition of obscene material, which is considered a criminal offense in India. This section prohibits the sale, distribution, or public display of any material (such as books, films, or images) that is lascivious or appeals to prurient interests, and it is likely to corrupt or deprave the minds of those who come into contact with it. The section aims to protect public morality and prevent the dissemination of explicit or obscene content that may have a negative impact on society, particularly children and adolescents. Violation of Section 292 can result in criminal penalties, including imprisonment and fines. However, it’s important to note that the definition of obscenity can vary and is subject to interpretation by the courts. Courts consider factors like community standards and artistic, literary, or scientific merit when determining whether material falls under this section.

Justice P.V. Kunhikrishnan held that privately watching obscene photos or videos on one’s phone without distributing or publicly exhibiting it will not attract the offence of obscenity under the penal code of the country. Kerela High Court went onto the extent of thereby quashing the petition initiated against a man who was arrested by the Police from roadside for watching pornography on his mobile phone on charges of obscenity. It said that since no person was affected or bothered by the act of accused of watching pornography, it did not disrupt the public order thus did not amount to obscenity.

The recent ruling by the Kerala High Court on the offense of obscenity under Section 292 of the Indian Penal Code (IPC) is a significant and progressive development in the realm of individual privacy and personal freedom. The court’s decision stating that privately watching a pornographic video without exhibiting it to others does not constitute an offense of obscenity is a reflection of evolving societal norms and the need to strike a balance between individual rights and moral values.

This judgment acknowledges the importance of upholding personal autonomy and privacy in the digital age, where individuals have easy access to various forms of adult content. It recognizes that consenting adults have the right to consume such material in private, as long as it does not lead to the public dissemination or exhibition of obscene content.

The ruling is also aligned with the global trend of decriminalizing consensual adult activities and recognizing the right to privacy as a fundamental right. It sends a message that the law should focus on addressing issues related to non-consensual sharing of explicit content, child pornography, and obscenity in public spaces rather than intruding into the private lives of adults who engage in such activities within their homes.

However, it’s important to maintain a delicate balance between personal freedoms and societal interests, particularly when it comes to protecting vulnerable populations, such as children and those at risk of exploitation. The judgment should not be seen as a carte blanche for any form of explicit content but as a nuanced interpretation of the law regarding private consumption.

In conclusion, the Kerala High Court’s ruling is a progressive step in recognizing the right to privacy and personal autonomy in the digital age while still upholding the principles of safeguarding public morality and protecting vulnerable individuals from harm. It highlights the need for laws to adapt to changing societal norms and technological advancements.

RIDHI MITTAL, SYMBIOSIS LAW SCHOOL, INTERN (LEGAL JOURNALISM)

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