Report on Pornography, discussion on where watching porn should not be considered as ILLEGAL

1. Report
Communication
By
-Mridu Agarwal
-Apurva Jain
-SurbhiGoyal
_-SamikshaKhurana

2. Watching Porn should not be made non
bailable offence
Table of content
Legality
International porn stars with Indian background
o Soft core Porn Stars
o Hard core Porn Stars
Cyber Pornography and IT Act
Abstract
Watching porn shouldn’t be anyway considered to offensive or a non bailable offence, this report
talks about laws issued for Pornography where obscenity, transmission and recording of nudity
without the permission of the respective person. In India we need to be more broad minded and
open about it, there should be SEX EDUCATION is the need of the hour, help people and children
deal with passions properly ethically. Pornstars are now welcomed and respected in various parts of
india and they deserve to be treated that way. One has every right to choose his profession and
none should be judgemental rather should respect their respective choices and decisions.
The modification on the internet law to make watching of porn a non-bailable offence shouldn’t be
carried forward due to n number of reasons listed in the report.
-Mridu Agarwal

3. What is wrong with the lawmakers of India ,The Censor Board approves movies that have all sorts of
jokes and scenes, and yet there is no ban on them .Internet porn was the last option available. If that
too is banned, how do you expect the females to be safe. Then the rate of rapes and other sexual
assaults are bound to rise .Do not forget our poor ministers and MLAs , who have nothing better to
do in sessions than watch porn on their tables and mobiles rather than do something about all the
havoc and chaos.
There should be self restrain in all things of excess ,since there will be always bad elements with
good ones but each person should have a will to be fair to one self in not doing the bad things, even
when no one is looking and that is the point of control one should have at all times.
The government should ban child porn and try actively to prosecute child molesters .Porn cannot be
banned without restricting some fundamental right or another. It is not the Supreme courts job to
make policy. I am sure all these lawyers complaining about porn would have watched it one time or
another. Nobody is obligated to watch anthing. Also, there are more than enough tools to restrict
access on the internet. If you make watching porn an offence, most of parliament would be in
prison. I think watching porn shouldn’t be made a non bailable offence as every other person atleast
once in their life get involved into such activities.banning porn will only increase sex crimes .India
needs sex education and proper syllabus for civics subjects In primary schools.
-Apurva Jain
Watching porn is an offence and a person can be sentenced to jail in my opinion is not the right
statement . In a democratic country like India every individual has a right to follow any religion and
can follow any occupation of his choice, so he has a right to watch porn or any other video he wishes
. An offence is when he uses it to demoralize any body’s reputation or step into any ones private life
but watching can give him pleasure.
It is not necessary that if a person is watching porn he will commit crime like rape etc because it
depends on the mental attitude of the person. The number of rapes are increasing and they are
committed by people who don’t indulge in watching porn. Instead of punishing people who watch
porn we should find out the root cause, who circulate such videos.
-SurbhiGoyal
I personally don’t believe that watching porn should be made a non bailable offence. In today’s
world everyone watches porn for pleasure but that doesn’t mean that person should be sent to jail
so basically we should find out the sources from where these types of videos are coming.In a
fundamental society everyone is free to do anything even if its related to porn.In a country like India
,its important to give sex education to EVERY SINGLE PERSON so that the number of activities like
rape , stalking etc can be prevented.As a conclusion I would like to add that such sites should not be
banned as it has a positive motive.
-SamikshaKhurana
Introduction

4. In India, Watching porn is legal though in some places it is banned or is illegal. We here
discuss on how and why it shouldn’t be considered to be illegal or as a non bailable offence.
Both laws, separated by over 130 years, are unsparing towards the producer or supplier of
obscene material. But when it comes to the consumer, neither law offers any scope to the
police to make out even the lesser charge of abetting the alleged crime of
obscenity.Consumption of pornography is no offence. All that the law forbids is its publication or
transmission.
History
The term ‘pornography’ when used in relation to an offence is not defined in any statutes in India
but the term ‘obscenity’ has been effectively explained in two statutes in India, and these
legislations prescribe that ‘obscenity’ in certain circumstances constitutes an offence. These
legislations are (i) The Indian Penal Code, 1860 (‘IPC’) and (ii) The Information Technology Act, 2000.
Although neither the IPC nor the IT Act defines what ‘obscenity’ is, section 292 of the IPC and section
67 of the IT Act, explain ‘obscenity’ to mean anything which is X-Rated or appeals to the prurient
interest or if its effect is to sinful and corrupt persons. Therefore according to the law in India,
anything that is low or appeals to the prurient interest or if its effect is to sinful and corrupt persons
would be considered to be ‘obscene’. Hence Porn is not to be considered as any illegal act.
Body of Report
The Supreme Court on 15th April 2013,issued notices to various ministries of the central government
on a PIL seeking modification of internet laws to make watching pornography a non-bailable
offence.A bench of Chief Justice AltamasKabir and Justices A R Dave and VikramjitSen issued notice
on KamleshVaswani's petition saying existing laws had failed to prohibit proliferation of internet
pornography and alleged that it was affecting the younger generation and resulting in increasing
sexual assaults on women. Hence pornography should be completely banned or made a non bailable
offence. Whereas, we disagree.
As watching porn shouldn’t be considered as sin but publishing it, transmission of it and creating it
should be.The very act of transmitting constitutes the offence. Thus, the consumer is considered to
be safe so long as he is content receiving or downloading pornographic material.Besides shunning
the temptation of sharing obscene videos, the consumer should be wary of misusing his mobile to
invade somebody's privacy. Section 66E, one of the amendments made to the IT Act in 2008,
introduced punishment up to three years for whoever "intentionally or knowingly captures,
publishes or transmits the image of a private area of any person without his or her consent, under
circumstances violating the privacy of that person".
As per the Act, accessing pornography in private is not illegal. Pornographic films in India are
referred to as Blue Films and are available virtually anywhere; especially in areas where pirated
material is already being sold.
There are porn stars with Indian background who are accepted and are respected worldwide. Some
of the famous hardcorepornstars are Sunny Leone, PriyaRai, Angela Devi, Charmaine Sinclair, Nadia
Nyce, Maya Bazin, RasheenKerim-Koram, Anjali Kara,Gaya Patel, ArianaMistry, Destiny Deville, Leah

5. Jaye, Peggy Sue, Samantha Shamal, Sahara Knite, Jazmin and Tiffany Taylor have appeared in
international hardcore porn movies. Some of the Famous softcorepornstars are
Pratibha, Shakeela, Maria, Unni Mary and Reshma. Other famous stars are
Devika, Sindhu, Kumtaz, Gali Krishna, Sasi Kumar Andeand HeenaRehman.There are many nude
models like Sandy Adams, Amita Shah, KatyMirza& Shabana De who have appeared in videos and
adult magazines like Debonair (magazine).
Sunny leone is one the most famous pornstar in India, she was also a guest in the show called “Big
Boss”. She was well respected and accepted by the other housemates, as she said when asked how
was the reaction of the housemates when they got to know she is a porn star, “They were
surprisingly okay with it. That was an absolutely pleasant surprise. If anyone had issues with what I
did, I’d have known.”
Pornography on the Internet is available in different formats. These range from pictures and short
animated movies, to sound files and stories. The Internet also makes it possible to discuss sex, see
live sex acts, and arrange sexual activities from computer screens. Although the Indian Constitution
guarantees the fundamental right of freedom of speech and expression, it has been held that a law
against obscenity is constitutional. The Supreme Court has defined obscene as “offensive to modesty
or decency; lewd, filthy, repulsive. According to IT Act “Whoever publishes or transmits or causes to
be published in the electronic form, any material which is lascivious or appeals to the prurient
interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it,
shall be punished on first conviction with imprisonment of either description for a term which may
extend to five years and with fine which may extend to one lakh rupees and in the event of a second
or subsequent conviction with imprisonment of either description for a term which may extend to
ten years and also with fine which may extend to two lakh rupees.”
Section 67 of the IT Act is the most serious Indian law penalizing cyber pornography. Other Indian
laws that deal with pornography include the Indecent Representation of Women (Prohibition) Act
and the Indian Penal Act.
Discussion
Most probably all this will result in is about 75% of the male population in age group of 13 - 18 yrs in
juvenile homes, and quite a high bit of male population on the whole in jails, with the society none
the better. If you have to start putting people in jail, start banning brothels and trafficking. Banning a
thriving world wide legal industry won't help you much. Yes child porn should be banned, but almost
banning porn on the whole is just another way to curb freedom to most of the youngsters. If only
the lawmakers looked beyond the cyber space and focus on some real problems. What one
cantreally don't understand is why supreme court wants to make watching porn a non bailable
offence. We all are aware of the flesh trade at red light are and no action is taken against the actual
flesh trade then why watching porn a non bailable offence. According to supreme court watching
porn increases rapes in our country. If that is the point so many women were raped even before the
internet and porn sites existence. All we need is stringent punishments for rapists but we always
deviate from the actual root cause and end up with something else.
Conclusion

6. Banning porn is only going to increase sex crimes, and most of the rapists were not the kind who had
acces to even computers anyway. India needs sex education and proper syllabus for CIVICS subject in
primary schools, focusing on the reasons behind the rights of human beings and why transgression
of one's rights by another is bad for society, will make society violent, and in the end make us all
unhappy and unable to progress. SEX EDUCATION is the need of the hour, help people and children
deal with passions properly ethically And we should start with our netas, police and teachers.
Acknowledgement
I am very grateful to my group members Apurva Jain, SurbhiGoyal, SamikshaKhurana to all the
support and co-operation given by them for the successful completion of the Report. I would also
like to thank my guide and teacher Mrs ShaliniBisht who was constantly motivating and supporting
us and encouraged us to pursue this topic and spent extra time helping me to achieve a clearer
structure.
-Mridu Agarwal
I owe a great many thanks to a great many people who helped and supported me during the writing
of this report.
My deepest thanks to Lecturer,
MRS SHALINI BISHT the Guide of the
Project for guiding and correcting various documents of mine with attention and
care. She has taken pain to go through the project and make necessary correction as
and when needed.
I express my thanks to my fellow team members: SURBHI GOYAL ,MRIDU AGARWAL AND SAMIKSHA
KHURANA for extending their support.
Thanks and appreciation to the helpful people at pearl academy of fashion, for their support.
I would also thank my Institution and my faculty members without whom
This project would have been a distant reality.
-Apurva Jain
I would like to express my gratitude towards my group members :MRIDU AGGARWAL ,APURVA JAIN
AND SAMIKSHA KHURANA for the constant support and help in the report . I would like to thank my
guide and teacher SHALINI BISHT who encouraged pursuing this topic and providing us with relevant
information from time to time.
-SurbhiGoyal
I would like to express my special thanks of gratitude to my teacher MRS SHALINI BISHT who gave
me the golden opportunity to accomplish this report which also helped me in doing a lot of Research
and i came to know about so many new things.
I am really thankful to her.
Secondly i would also like to thank my team members :

7. MRIDU AGARWAL ,APURVA JAIN AND SURBHI GOYAL who helped me in the project without whom
this report wouldn’t have been possible.
I would also like to thank the people at pearl academy of fashion and the faculty .
-SamikshaKhurana
Bibliography
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Time of India article (16th April 2013)
Wikipedia
www.asianlaws.org
www.apiap.org