This article has been written by Ms.Devika More,a 2nd year LLB Student from D.E.S.’S Shri Navalmal Firodia Law College, Pune.
Pornography itself is a complex and controversial subject that can give rise to a wide range of opinions and perspectives. While some forms of pornography may be consensual and ethically produced, there are also times when pornography is associated with sexual abuse. It is important to distinguish between consensual and non-consensual involvement in pornography.
Consent Participation:
If all parties involved in producing and distributing pornography give willful and informed consent, it is generally considered a lawful and consensual activity. In such cases, it may not be appropriate to qualify as sexual abuse if the participant is of legal age and voluntarily participates in the production and distribution of the material.
Participation without Consent:
There are situations in which individuals are coerced, or manipulated into engaging in pornography against their will. This may include cases of human trafficking, exploitation and revenge porn. In such cases, non-consensual engagement may be considered a form of sexual abuse.
It is important to recognize that not all porn involves non-consensual engagement or is inherently abusive. However, it is important to address and condemn all forms of pornography that exploit or harm the individuals involved, whether through non-consensual participation, coercion or other unethical practices. Laws and regulations relating to pornography may vary from jurisdiction to jurisdiction, and interpretations of what constitutes pornography-related sexual abuse may also vary.
In India, pornography itself is not considered sexual abuse by law. However, certain types of pornography, including explicit sexual acts, especially those directed at minors or non-consenting individuals, are considered illegal and may fall within sexual abuse laws.
The legal framework for pornography in India is primarily regulated by the Information Technology Act 2000 and its amendments. The law prohibits the creation, transmission, publication, or distribution of sexually explicit material that is obscene, or sexually appealing. The law also makes it a crime to create, possess, or distribute child pornography, which is sexually explicit content involving persons under the age of 18.
Where pornography involves non-consenting individuals or minors, sexual abuse legal provisions such as the Protection of Children from Sexual Crimes Act (POCSO Act) and the Penal Code of India may apply ( IPC). These laws regulate various forms of sexual offenses, including but not limited to rape, sexual assault, and child molestation.
It is important to note that laws and their interpretations can evolve over time.
Cyberporn is the act of creating, displaying, importing, distributing, or posting pornography using cyberspace. Since the advent of the Internet, traditional porn entertainment has largely been replaced by online/digital porn entertainment. Cyber porn is illegal in some countries but legal in others. This is a grey area in Indian law as defined in the Information Technology Act 2000 and is neither illegal nor permitted. Downloading child pornography from the Internet is also a criminal offence under the Information Technology Act 2000. Child abuse, attacks on women, rape, inequality, relationship and family breakdown, juvenile delinquency, promiscuity, and sexually transmitted diseases are among the concerns that cyberporn poses. India’s outdated laws are being challenged by cyberspace and the porn circulating there. With no jurisdictional boundaries, the internet can handle huge amounts of traffic, and with the potential for anonymity, there is no one-click control over what you see on the internet. Cyber Cafe owners previously had no liability, but with the passage of the Information Technology Reform Act of 2008, their obligations have only increased.
Collecting and storing cyber-porn is not illegal, but if it belongs to a child, it carries a maximum penalty of five years in prison and a fine of up to one million. Child pornography on the Internet is prohibited.
In Punjab v. Major Singh (1966), it was ruled that any conduct towards or in the presence of a woman that, in the eyes of mankind, suggests sex falls under Section 509 of the Act. This area allows you to address messages that make offensive remarks about the physique or bodies of women whose photos are shared within the group. This provision carries a maximum penalty of one year in prison and/or a fine.
Victims of pornography may use defamation as retaliation. Section 499 of the Indian Penal Code of 1860 prohibits making or publishing defamatory statements about a person, whether in words, sentences or visual representations, for the purpose of damaging his reputation. increase. A motive to defame a man is therefore a precondition for breach of the clause. Victims can file lawsuits if they wish. Defamation is punishable under Section 500 of the Act of 1860 with simple imprisonment of up to two years, a fine, or both.
Pornography is a fictional media genre that depicts sexual fantasies, explicitly depicting naked bodies and sexual acts for the purpose of sexual arousal. Pornography has traditionally been viewed as highly problematic in terms of media ethics and media impact. Pornographic material has been accused of depicting sexuality in unhealthy, morally questionable, and often sexist ways, thereby damaging performers, viewers, and society at large. In the age of the Internet, pornography is more diverse, accessible and widespread than ever before. As a result, the depiction of sexuality in pornography is at the centre of an ever-increasing amount of content analysis in both mass media.
A common research hypothesis is that pornography portrays sexuality as violent and depicts acts of violence, such as verbal aggression, physical aggression, and image-based abuse, which are primarily committed by men against women.
Over the last few decades, there has been a revolution in digital technology. Digital networks have expanded rapidly across countries, reaching even the most remote areas. Due to the increase in internet consumption, the use of pornography is also increasing. Pornography has changed traditional perceptions of sexuality. It can be an addiction with several negative effects on health and well-being. It causes concern and harms society by leading to physical and sexual violence.
About 88% of the porn scenes contained physical attacks, 48% contained verbal attacks, and 94% of the target audience was female. Moreover, the depiction in these videos of men being in charge and women being submissive and submissive demonstrates the unequal power and distribution between men and women. Self-centred cultures often encourage beliefs in male superiority and female inferiority. This attitude eventually led to sexual violence against women. All of these can play important roles in negative social problems such as child sexual abuse, rape, violence against women, family breakdown, juvenile delinquency, and sexually transmitted diseases.
India ranks third among countries with the most porn viewing and fourth among countries with the highest rape crime rate. Sexual abuse affects women’s physical, mental, sexual and reproductive health in the short and long term. Sexual harassment is therefore considered a serious public health problem. About 93 women are raped every day in India. There may be a link between rising sex crimes against women and pornography addiction in India, as evidenced by rising rape cases. There were few reviews on internet porn use and sexual motivation and learning from porn, but no reviews on porn addiction and sexual violence against women in India. The purpose of this article is to document whether there is an association between increased sexual violence and pornography addiction in India. This is because, despite its social relevance, it is understudied.
Conclusion
Pornography is now available worldwide, and the prevalence of the Internet has facilitated both sexual health education and the depiction of inappropriate sexual practices. In a densely populated country like India, various external factors are at play, and cyber porn can influence sexual harassment among men and crimes against women. Nonetheless, public awareness, social inclusion and sexual health education, and a strong and impartial justice system will all work together as preventive measures in such communities. In the future hopefully there are laws adapting to the current situation as per time.
References:
Sexual violence as a sexual script in mainstream online pornography | The British Journal of Criminology | Oxford Academic (oup.com)
Child Abuse And Pornography In India And Its Legal Framework (lawcorner.in)
Child sexual abuse and the law in India: a commentary | Crime Science | Full Text (biomedcentral.com)
https://journals.sagepub.com/-Pornography and Sexual Violence Against Women in India: A Scoping Review
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