The Kerala High Court has recently issued a significant ruling regarding the private viewing of pornographic content. In a verdict delivered by Justice P V Kunhikrishnan, it was determined that watching explicit photographs or videos in one’s private time, without sharing them with others, does not constitute an offense under the law. The court emphasized that this is a matter of personal choice and privacy.
The case in question involved a 33-year-old man who was charged with obscenity under Section 292 of the Indian Penal Code after being caught watching porn videos on his mobile phone in a public place in 2016. However, the court found that there was no evidence to suggest that the accused had publicly exhibited the material.
The court’s rationale was clear: “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.” Essentially, the act of privately viewing explicit content should not be considered an offense in itself under Section 292 IPC.
Justice Kunhikrishnan also emphasized the need for responsible parenting in the digital age. He cautioned against providing children with mobile phones with internet access without supervision, as unrestricted access to explicit content on these devices could have “far-reaching consequences.” Instead, he encouraged parents to engage their children in physical activities and home-cooked meals to ensure a healthier upbringing.
In conclusion, the Kerala High Court’s ruling underscores the importance of distinguishing between private choices and public actions when it comes to explicit content consumption. It also serves as a reminder for parents to be vigilant about their children’s digital exposure and promote healthier alternatives for leisure activities.
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