This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.
Meaning
Pornography refers to showing of obscene material which is sexually explicit in order to arouse sexual excitement.
Legislation in India against pornography
There are different legislations in India which are against pornography
Indian Penal Code, 1860
Information Technology Act, 2000
POCSO,
Industrial Employment (Standing orders) Rules, 1946
INDIAN PENAL CODE, 1860
Section 292
For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.]
[(2) ] Whoever—
sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or
takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or
offers or attempts to do any act which is an offence under this section, shall be punished 263 [on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].
[(Exception) —This section does not extend to—
any book, pamphlet, paper, writing, drawing, painting, representation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes;
any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]]
This section states that any material which is sexually explicit or arises sexual excitement (prurient interests) of the people watching it is deemed to be obscene and transferring, sharing or selling of such material is punishable.
The punishment on first conviction is for a term which may extend to two years and fine which may extend to two thousand years. In case of second conviction, term may extend to five years or fine which may extend to five thousand rupees.
Exception-
Any material which is so published or shared for educational, heritage purposes does not comes under its purview.
Section 293
Any person who sells, distributes any such material to a person below the age of twenty years shall be punished,
On first conviction – imprisonment for 3 years and fine of ₹2000.
On second conviction- imprisonment for 7 years and fine of ₹5,000
INFORMATION TECHNOLOGY ACT, 2000
Section 67
This section states that whosoever transmits any obscene material which is sexually explicit and arises prurient interests of any person electronically shall be punishes with imprisonment which may extend to five years and fine up to ten lakhs on first conviction. And seven years with a fine which may extend to ten lakhs on second conviction.
INDUSTRIAL Employment (Standing orders) Rules, 1946
Clause 4 of Rule 14 of Industrial Employment (standing orders) Rules, 1946 enumerates certain acts or omissions which are to be termed as misconduct.
Sexual Harassment is one of the main points leading to misconduct. Sexual Harassment includes-
physical advances and contacts
asking for sexual favours
showing pornography
any other physical, verbal or non verbal conduct of sexual nature
It refers to showing of pornography in the workplace to other co-workers as an act of misconduct and is covered under the head sexual Harassment as it leads to sexual abuse of an employee if it is done against the will of another person.
POCSO, 2012
Child pornography means display of any overt sexual activity which involves a child. Child under this Act means any person who is below the age of 18 years.
Child pornography has increased over the past few years and it is a reason to take action as the chances of child abuse while making of this content are much high. And there are chances that this Harassment may have had happened a number of times. It is mental and physical abuse of the children.
SECTION 13
Section 13 of POCSO Act, 2013 states that
Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes-
Representation of the sexual organs of a child;
Usage of a child engaged in real or simulated sexual acts (with or without penetration);
the indecent or obscene representation of a child, shall be guilty of the offence of using a child for pornographic purposes.
SECTION 14
This section states the punishment for the person who indulges in making of child pornography. He shall be punishable with an imprisonment of not less than five years and a fine in first conviction and imprisonment not less than seven years and fine in case of second conviction.
Operation P Hunt
Operation P Hunt is one such operation conducted by Kerala police in order to arrest those criminals who are involved in child pornography. According to the reports, the police of Kerala have detained 12 people from throughout the state in simultaneous raids and lodged more than 140 cases apart from seizing 270 electronic devices for reportedly watching and sharing objectionable content which is related to the kids. This arrest has happened as a part of the crackdown on child pornography.
The Police said that, “Under the operational supervision of the District SPs, coeval raids were held all over the state, on Sunday, 26th February 2023 from early morning. We are pleased that the raids were highly successful and as a part of the operation, the teams could capture 270 devices in 142 cases lodged that include, laptops, mobile phones, hard disks, computers, modems, memory cards, etc. along with illegal videos, graphics and photos of kids”.
CONCLUSION
From all the above provisions, it is clear that the legislature tries to protect every citizen from pornography by way of different legislations or statutes. It proves that pornography is sexual abuse of a person, due to which it is considered immoral and illegal as well. And the government has provided remedies to the victims in form of punishment of wrongdoer.
References
Indian Penal Code, 1860
PSA Pillai’s Criminal Law
POCSO Act, 2013
Information Technology Act, 2000
Industrial Employment (standing orders) Rules, 1946
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