Kerala High Court Decriminalizes Private Viewing of Pornographic Content

Kerala High Court's Landmark Decision

The Kerala High Court has made a significant ruling regarding the consumption of pornographic content. The court declared that individuals watching such content in their private space, without exposing it to others, cannot be considered offenders. This judgment underscores the importance of personal choice and respect for an individual's privacy.

A Matter of Personal Choice

The court emphasized that labeling actions as offenses when they do not infringe upon others' rights constitutes an intrusion into a person's privacy and interferes with their personal choices. Justice P V Kunhikrishnan, who delivered the ruling, highlighted the case of a 33-year-old man who was caught watching pornographic videos on his mobile phone in 2016. The court dismissed the charges against him, stating that he had not violated any laws.

Historical Context and Digital Age

The court recognized that pornography has been in existence for centuries and that the digital age has made it more accessible, even to children. It posed the fundamental question of whether watching such content privately constitutes an offense. The court firmly asserted that it does not, as it falls within the realm of personal choice and privacy.

Caution to Parents

While upholding individual freedom, Justice Kunhikrishnan also cautioned parents against providing mobile phones with internet access to children without supervision. He urged parents to ensure that children engage in informative and healthy activities during their leisure time, emphasizing the importance of outdoor activities and family bonding over excessive screen time.

This ruling by the Kerala High Court marks a significant development in the legal treatment of pornographic content consumption, prioritizing personal choice and privacy rights while issuing a warning about the impact on minors.