Landmark Ruling by Kerala High Court Affirms Right to Privacy in Viewing pornographic material

The Kerala High Court recently affirmed an individual's right to privacy in the context of viewing explicit material in private. This ruling was delivered by Justice PV Kunhikrishnan.

The court held that watching explicit material is a person's individual choice. Any interference with this choice would amount to an intrusion of an individual's privacy. As a result, viewing an obscene photo or video in private is not a violation of Section 292 of the IPC, which addresses the sale, distribution, and display of obscene material.

The court emphasized that to establish an offense under Section 292, there must be evidence demonstrating public exhibition, distribution, or sale of explicit material. Mere private consumption, according to the judgment, does not constitute an offense.

The court noted that explicit content has become more accessible than ever before. This accessibility, the judgment highlights, extends not only to adults but also to children, emphasizing the importance of parental vigilance.

The Court  urged parents not to provide unsupervised access to mobile phones, suggesting that children should be encouraged to engage in physical activities and consume informative content under parental guidance

While affirming the right to privacy, the court also touched upon the societal perception of sexuality. It mentioned that consensual sex between adults is not an offense within the boundaries of privacy.


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