The Supreme Court has dismissed a public interest litigation (PIL) seeking a national policy to prohibit watching pornography in public places. The Court said the issue is a matter of government policy, not law, and should be decided by the Central government and subject experts.
The Court observed that while the issue is important, it does not raise any legal question requiring judicial intervention. It said the matter involves technological developments and expert studies, making it a policy issue that falls primarily within the jurisdiction of the Ministry of Information and Broadcasting.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan advised the petitioner to present the matter before the Central government, adding that court intervention was not necessary in this case.
Petitioner’s two claims:
Around 5,000 porn websites are accessed every second on the internet.
More than 20 million porn videos/clips are being uploaded and circulated online.
Petition claimed easy access to obscene content online
The PIL was filed by social activist BL Jain, seeking directions to the Centre to formulate a national policy and action plan to curb access to pornography, particularly among minors.
The petition argued that pornographic content is easily available on the internet and its availability is increasing rapidly. It claimed that thousands of porn websites are accessed every second, leading to addiction and contributing to a rise in sexual offences.
The plea also cited Section 69A of the Information Technology Act, 2000, stating that the Central government has the power to block public access to objectionable online content.
Is watching porn a crime in India?
Under Indian law, watching pornography in private by an adult is not, by itself, a criminal offence. However, certain related activities are punishable under law, including producing or selling pornographic material.
Displaying obscene content in public, possessing, viewing or sharing child sexual abuse material (CSAM), distributing someone’s private intimate videos without consent, and electronically transmitting obscene material are all criminal offences under Indian law.
