Pornography in India

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In India, watching or possessing pornographic materials is legal, although the distribution of such materials is illegal. Likewise, the publication or production of X-rated materials is illegal.[1]

Legality[edit]

The Information Technology Act, 2000 (IT Act) Chapter XI Paragraph 67, the Government of India clearly specifies online pornography as a punishable offense. The Indian Penal Code, 1860 section 293 also specifies, in clear terms, the law against sale of obscene objects to minors.

The law as it pertains to pornography or "obscenity" is laid down in Section 292 of the Indian Penal Code, which was amended by the IT Act to include electronic data.[2]

Section 67 of the IT Act deals with "publishing obscene information in electronic form". This law has been interpreted to criminalize the posting of pornographic content online. However, accessing "obscene" content privately is not illegal. The IT Act was amended by the Parliament on 2008, and Section 67B was inserted which criminalizes browsing, downloading, creation, and publishing child pornorgraphy. Child anime porn is also explicitly criminalized.

Child pornography in India is illegal. In February 2009, the Parliament of India passed the "Information Technology Bill," banning the creation and transmission of child pornography. The bill enables India's law enforcement agencies to take strict action against those seeking child pornography. For example, browsing for child pornography on the Internet can lead to a 5-year term of imprisonment and a 40 lakh fine.[3]

In India, distributing pornography is illegal. However, enforcement is extremely lax and pornographic materials are easily available in public places. Softcore and hardcore pornography movies/photos are easily accessible through magazines, films, or Internet. The law states that possessing and watching pornographic materials is legal, but production and distribution are prohibited.

Pornographic films in India are referred to as Blue Films and are available virtually anywhere; especially in areas where pirated material is already being sold. Despite the illegality, stores selling X-rated material are abundant in major cities and advertise openly; laws are rarely enforced in this case.

Judicial opinion[edit]

The Supreme Court of India in Khoday Distilleries Ltd. and Ors. v. State of Karnataka and Ors. - (1995) 1 SCC 574, held that there is no fundamental right to carry on business of exhibiting and publishing pornographic or obscene films and literature.[4]

In 2013, a PIL petition was filed in the Supreme Court of India seeking a ban on pornography in India. The Court issued a notice to the central government of India and sought its response. Government informed the Court that the Cyber Regulation Advisory Committee constituted under Section 88 of the IT Act, 2000 was assigned with a brief with regard to availability of pornography on Internet and it was looking into the matter.[5] In July 2015, while hearing petition, Chief Justice H.L. Dattu observed, that how can court restrain an adult from watching pornography within the four walls of a room and termed such a ban to be violative of Article 21 of the Indian Constitution which grants right to personal liberty to its citizens. The matter is still pending before the Supreme Court.[6][5]

Porn stars[edit]

There are many nude models who have appeared in videos and adult magazines like Debonair.

See also[edit]

References[edit]

  1. ^ Rajak, Brajesh (2011) [2011]. Pornography Laws: XXX Must not be Tolerated (Paperback ed.). Delhi: Universal Law co. p. 61. ISBN 978-81-7534-999-5. 
  2. ^ "The Indian Penal Code". World Intellectual Property Organization. World Intellectual Property Organization. Retrieved 10 November 2013. 
  3. ^ Swati Deshpande (2009-02-16). "Browsing child porn will land you in jail". Timesofindia.indiatimes.com. Retrieved 2009-10-16. 
  4. ^ "Khoday Distilleries Ltd. and Ors. v. State of Karnataka and Ors. - (1995) 1 SCC 574". 1, Law Street. Supreme Court of India. 19 October 1989. Retrieved 4 June 2015. 
  5. ^ a b "Kamlesh Vaswani v. Union of India & Ors. (Pornography ban matter)". 1, Law Street. Retrieved 4 June 2015. 
  6. ^ http://www.hindustantimes.com/india-news/it-s-legal-to-watch-porn-in-the-privacy-of-your-house-says-sc/article1-1367444.aspx

External links[edit]