The Kerala High Court has recently passed a significant judgment declaring that watching pornography in private without sharing or exhibiting it to others is not an offence under Section 292 of the Indian Penal Code (IPC), which pertains to the sale, distribution, and display of obscene material.
Justice PV Kunhikrishnan, while delivering the judgment in the case of Aneesh v State of Kerala, asserted that an individual’s private choice to view explicit content in their personal space should not be subject to legal interference, as it would violate their right to privacy.
In the court’s words, “A court of law cannot declare that the same amounts to an offence for the simple reason that it is his private choice and interference with the same amounts to an intrusion of his privacy.”
This ruling clarifies that watching explicit content privately, whether in the form of photos or videos on a mobile device, does not fall within the purview of Section 292 IPC. The court made it clear that this provision only applies when someone attempts to circulate, distribute, or publicly exhibit such material.
In a specific case where an individual was charged under Section 292 for watching explicit videos on his mobile phone in a public place, the court quashed the case, emphasizing the necessity of concrete evidence to establish the offense.
Additionally, the court acknowledged the historical existence of pornography, stating that it has been a part of human culture for centuries. The advent of the digital age has made it more accessible, especially to children and adults.
The judgment also touched upon the concept of consensual sex, affirming that consensual sexual activity between adults is not an offence in India when conducted in private. The court emphasized that its role is to determine whether an act amounts to an offence, leaving matters of consensual sex and private viewing of explicit content to societal norms and legislative decisions.
Justice Kunhikrishnan also warned about the potential consequences of minors accessing explicit content on mobile phones. While it may not be illegal, the court urged parents to exercise caution and supervise their children’s online activities to safeguard their well-being.
The judgment recommended that children should be encouraged to engage in physical activities and cautioned against unsupervised use of mobile phones. It emphasized the responsibility of parents in nurturing a healthy and informed younger generation.
In conclusion, the Kerala High Court’s ruling clarifies the legal stance on watching pornography in private while highlighting the crucial role of parental supervision in today’s digital age.
