MITIGATING THE CORRUPTING EFFECTS OF

PORNOGRAPHY THROUGH LAW AND TECHNOLOGY.

SUBMISSION OF DOCTRINAL AND

NON-DOCTRINAL RESEARCH PAPER
TOWARDS THE PARTIAL FULFILMENT FOR THE AWARD
OF POST GRADUATE DEGREE IN THE SUBJECT OF LAW

SUBMITTED TO
SAVITRIBAI PHULE PUNE UNIVERSITY

SUBMITTED BY
MR. SURAJ RAJENDRA MOTIWALA
LL.M. 1
ROLL NO. 18
PRACTICAL RESEARCH METHODOLOGY

SUBJECT GUIDE NAME

DR.MRS. MUGDHA SAPATNEKAR

POST GRADUATE TEACHING IN LAW

N.B.T LAW COLLEGE
NASHIK - 05
2020 - 2021
 Table of Contents
Sr. Page
Particulars
No No.
1 Acknowledgment 3

2 Declaration 4

3 Certificate 5

4 Title and Abstract 6

Chapter 1:
1.1 Introduction
1.2 Types of Research
1.3 Research Problem
5 1.4 Purpose of Study 7-9
1.5 Objective of Study
1.6 Literature Review
1.7 Hypothesis

Chapter 2: Consequences of Pornography

2.1 Problems created through Pornography
2.2 Effects on Individuals
6 2.3 Effects on couples in a Marriage 10 - 15
2.4 Effects on Family Life
2.5 Effects on our Society
2.6 Countering Some Prevalent Arguments Supporting Pornography

7 Chapter 2A: Data Analysis and Interpretation 16 - 20

Chapter 3: Seeking the help of the authorities to create a safer society.

3.1 Some Pertinent Legislations, Extracts And Questions To Think
About.
8 3.2 Some Existing Procedures To Report And Curb Pornography. 21 - 24
3.3 Pertinent Extracts Surrounding A Recent Case That Advocated A
Blanket Ban On Porn.

Chapter 4: Concluding Arguments and Some Suggestions

9 25 - 27
4.1 Answering the right to liberty argument. 4.2 Thirst for Truth
4.2 Suggestions

10 Bibliography 27

11 Annexer: A. Questionnaire
Page 2 of 31
 Acknowledgement

I, Suraj Rajendra Motiwala, bearing Roll no.18, studying LLM I at

N.B.T Law College, Nashik - 5. Would like to thank my guides
Dr.Mr.S.K.Mandavkar and Dr. Mrs.Mugdha Sapatnekar for their
guidance and support in helping me complete this paper.
I would also like to declare that the major part of my work has been
inspired by the Writings of the Baha’i Faith, which inspire me to use
my education and profession for service of the people of the world.

Page 3 of 31
 Declaration

I, Suraj Rajendra Motiwala, bearing Roll no.18, studying LLM I at

N.B.T Law College, Nashik - 5. Hereby declare that this Doctrinal
Research Paper titled, ‘Mitigating the corrupting effects of
Pornography through law and technology.’ Submitted by me is based
on original work carried out by me.
Any reference to work done by any other Person/Institution or any
material obtained from other sources have been duly cited and
referenced.
I further certify that the research paper has not been published or
submitted for publication anywhere else nor will it be sent for
publication in the future.

Page 4 of 31
 Certificate

This is to certify that this Doctrinal Research Paper entitled

‘Mitigating the corrupting effects of Pornography through law and
technology.’ Submitted by Mr. Suraj Rajendra Motiwala for the
partial fulfilment of the LL.M Degree, 1st semester, offered by N.B
Thakur Law College, Nashik - 5 affiliated with Savitribai Phule Pune
University, during the academic year 2020-2021 is an original work
carried out under supervision and duly submitted and presented on
25 May, 2021.

Dr.Mr.S.K.Mandavkar
Principal In-Charge,
N.B Thakur Law College, Nashik

Page 5 of 31
 MITIGATING THE CORRUPTING EFFECTS OF PORNOGRAPHY
THROUGH LAW AND TECHNOLOGY
ADV.SURAJ MOTIWALA

“There are three gates leading to the hell of self-destruction for the soul—lust, anger,
and greed. Therefore, all should abandon these three.”1

— Bhagvad- Gita, Chapter 16, Verse 21

Abstract

This paper has been written for the partial fulfilment for the award of post
graduate degree in the subject of Law at N.B Thakur Law College, Nashik
affiliated with the Pune University. The purpose of this study is to assist the reader
increase their awareness on the dangers that pornography poses on individuals,
couples in a marriage, families and the society at large. With more information, it
is hoped that readers will make better decisions and see that pornography is not a
harmless form of entertainment. Nor is it a seemly to invoke article 21, by saying
that filtering porn will result in hampering on ones personal liberty. Certain
restrictions to personal liberty can result in more freedom.

Moreover, the latter part of this paper will focus on the duty of the government to
intervene and play a central role for filtering out the pornographic content from
the internet. We will also look at the existing legislations to curb pornography and
what steps the authorities can take to make the internet a safer place for children,
women and men.

“O people of the world! Follow not the promptings of the self, for it summoneth
insistently to wickedness and lust; follow, rather, Him Who is the Possessor of all
created things, Who biddeth you to show forth piety, and manifest the fear of God.”2

— From the Writings of Baha’u’llah

______________________________________

1 Bhagvad- Gita, Chapter 16, Verse 21

2 From the Writings of Baha’u’lla

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h

 Chapter 1
Waking Up To The Devastating Effects Of Pornography On Our Society.

1.1 Introduction:

Pornography is the act of representing sexual organs, sexual acts or any other related audio/
visual content that is intended to arouse in the reader/viewer sexual excitement. Pornography can
also be described as an act to film sexual activity of others or to represent it in drawing forms so
as to arouse the readers/viewers sexually.

Many people consider pornography to be a form of harmless entertainment. Either because they
are unaware of its devastating effects or because they are now so accustomed to it, that they do
not wish to be deprived of it.

The purpose of this research paper is twofold:

1. To present to the reader the harmful effects of pornography on individuals, marriages,

families and society.
2. To analyse the role law can play to filter out pornography from our digital platforms.

1.2 Type of Research:

In this paper, doctrinal research method has been used. And data is collected using the secondary
sources of information i.e Books, Journals, Magazines, and Newspapers, Govt. Websites, etc.
• Non-Doctrinal method has also been employed to analyse the awareness of the public on the
effects of pornography, tools used here is a questionnaire.

1.3 Research Problem:

Internet has now become a world of its own. It's the digital dimension that exists within our
physical world. People spend their lives not just here in this social reality but also inside this
digital world. While we still have the power to shape the digital world, the digital world too has
the power to shape us.

Just like the government exists to make our societies safer and more prosperous, it must also
take steps to make the digital world safer. Pornography is an example of a harmful element that
exists in our digital world. Common people have little control over what exists on the internet,
through the help of institutions we can pass rules and orders that will block access of the masses
to pornography, which has become like a drug for those who have been exposed to it for too
long. Their addiction to it renders them incapable to make a wise decision. Thus, the authorities
must intervene to protect the present and the future generations from the harmful effects of
viewing pornography.

Advocates of liberalism imagine pornography ban to be a hindrance to their freedom and

expression, this however is a very narrow view of the problem and will be discussed with some
depth.

Page 7 of 31
1.4 Purpose of Study:
The purpose of this study is to present the harmful effects of pornography on individuals,
couples in a marriage, families and the society so that they are enabled to take informed
decisions against it. It is also hoped that through this study I can bring the attention of the
relevant authorities to this issue and seek their help to pass the necessary legislation, orders to
regularly filter out pornographic content from the internet.
• It is not our purpose to to tell people what to watch or not to watch in the privacy of their
homes. I however appeal the government to carefully study the ills effects of pornography on
individuals, families and the society and work proactively to make the internet a safer place for
everyone, as porn has now become very accessible.

1.5 Objectives of this study:

1. To illustrate the harmful effects of pornography on: (a) Individuals (b) Marriages (c)
Families (d) Society.
2. To study the effectiveness of prevailing legislations to counter pornography and
suggest further steps to curb pornography.

1.6 Literature Review:

1. The Effects Of Pornography On Individuals, Marriage, Family And Community. A Research

Paper By Patrick F. Fagan, Ph.D. Family Research Council, Washington.

This Research paper has been published on the website of Family Research Council, Washington
DC. This paper analyses the negative consequences of pornography on the mind, heart and body
of the individual. While studying the negative effects of viewing pornography in a family, it
explores the consequences on children, adolescents, impact on marriage, etc.Some of the critical
issues it mentions are the objectification of women, distorted perception of reality,
desensitisation, clinical consequences such sexually transmitted diseases, out of wedlock
pregnancy, sexual addictions, aggression, abuse, etc.

Lastly it calls out for government intervention to protect the citizens from obscene content
online, but there are so specific suggestions for the same. In this paper I will build a little more
on the consequences of pornography and in the latter part we will review some suggestions to
block pornography with the use of law and technology.

2. Safeguarding The Dignity Of Women Under The Criminal Law Amendment Act 2013- A
Critical Analysis By Professor R.C. Borpatragohain (A Study Of Various Legislations
Dealing With Dignity Of Women)

In This Research paper, the author describes the evolution of human rights specifically for the
dignity of women, it explores the Constitutional provisions that protect the dignity of women, it
states various acts such as the Indian Penal Code, Immoral Trafficking Prevention Act
1956,Information Technology AcT 2000, The Juvenile Justice (Care And Protection Of
Children) Act 2000, ThE Protection Of Women From Domestic Violence Act 2005, The
Page 8 of 31
Protection Of Children From Sexual Offences Act, 2012, The Sexual Harassment Of Women At
Workplace(Prevention, Prohibition And Redressal) Act 2013.

It states several of these Acts, and concludes that though all these provisions exist, violence
against women is continually rising statistically. It opines that the health of our democracy is
declining, with the rising number of such criminal cases. The paper calls for a change in attitude
of the citizens, it calls for creation of a better environment for the future citizen.

This current research paper, takes the work a little further and explores how pornography is one
of those elements that is negatively influencing the youths and how internet is now like a public
space that is flooded with obscene content which is only a click away. We will analyse the lack
of effective legislation to ban or report pornography and how there is need for law and
technology to intervene and safeguard societal interest.

1.7 Hypothesis:

“A proactive role of the government in filtering out online pornographic content can help save
individuals, marriages, families and the society from its devastating effects.”

______________________________________

Page 9 of 31
 Chapter 2
Consequences of Pornography

2.1 Problems created through Pornography:

Article 51A of the Indian Constitution imposes certain fundamental duties on the citizens of
India. Such as,
We are asked to cherish and follow the noble ideals which inspired our national struggle for
freedom. Would it appropriate, that after achieving this freedom from the British rule, we
become slaves of our lower nature? We are asked to ‘renounce’ practises derogatory to the
dignity of women. In utmost honesty, we must ask ourselves, which society is capable to respect
the dignity of women more, one which consumes and promotes vulgar representation of women
for pleasure or the one which strives to rid itself from the odours of pornography?
We are asked to develop a spirit of reform. Means to make changes so that we can improve.
What signifies reform? Our attachment to pornography or our effort to eliminate it? We are
asked to strive towards excellence. These are the duties that our Constitution imposes on us.
Porn industry has been growing significantly, access to internet is rising, children over 2 years
are now accessing internet. Would any man of understanding claim that watching pornography
helps an individual respect women more, helps him reform his life and journey towards
excellence?
Though inappropriate, let me try to state with decency the perversion that exists on pornographic
websites: Actors here have sexual intercourse with a variety of people and consent to be filmed
for the millions to watch it, unaware that their life will never be the same once it is published,
they will, by most become mere objects of sexual pleasure for the rest of their lives. Here people
pretend to cheat on their spouses while engaging in sexual activity with strangers or close ones,
they indulge in sexual activity with their filial companions, they showcase extreme sexual
activity that is mentally, emotionally, physically damaging for a human. It destroys their identity,
sense of respect and dignity.3
As humanity consumes more and more porn, their attitude towards sex, women, relationships is
affected negatively, it becomes desensitised, addicted and keeps desiring more because watching
porn releases dopamine, which provides temporary illusion of pleasure and helps them get over
some depression.
If my Constitution wants me to take shape in a certain manner, the authorities that exist to apply
those provisions must strive to create suitable conditions for the individuals to take the desired
shape. Creating suitable conditions means that adding more of those things in my society that
help me excel and reduce those things that degrade me as a human. Wanting me to respect
women, improve a little each day, and excel while taking no effective steps to reduce the toxic
elements that hamper my development is not acceptable.

3https://www.washingtonpost.com/posteverything/wp/2016/04/08/is-porn-immoral-that-doesnt-
matter-its-a-public-health-crisis/
Page 10 of 31
Let us discuss in detail the consequences of pornography on different levels.

2.2 Effects on Individuals:

Every time the individual watches porn it gives him a high, makes him feel elated due to the
release of chemicals in the body. But watching the same porn won’t give him the same high.
There must be novelty, more shock and surprise for the brain. To keep the viewers hooked, the
porn industry spends millions each year to create new pornographic content, new story lines,
costumes, more characters, more make up — each time they cross a new line, destroy a new
relationship, feed the audience with unrealistic expectations, etc. Pornography distorts and fuels
the urge to masturbate, have sex, or commit other acts that provide sexual excitement.
It is a fact that porn that an individual consumes over and over, changes the way he looks at
people, relationships, etc. Excessive usage affects an individual physical by changing the
structure of his brain, it affects him emotionally as well, the individual feels a strong urge to
personally experience acts that he sees in porn.
• Because of the dopamine rush that porn and masturbation provide, gradually individuals start
using it to fight off depression, stress and insomnia They then turn to porn as soon as they
become sad or stressed, which is not a healthy way to went out the negative emotions.
In a study conducted over the content of porn4: Findings indicate high levels of aggression in
pornography in both verbal and physical forms. Of the 304 scenes analyzed, 88.2% contained
physical aggression, principally spanking, gagging, and slapping, while 48.7% of scenes
contained verbal aggression, primarily name-calling. Perpetrators of aggression were usually
male, whereas targets of aggression were overwhelmingly female. Targets most often showed
pleasure or responded neutrally to the aggression.
These unrealistic videos when consumed can alter the way in which a person understands and
feels about sex. Several horrible acts shown as normal in porn, are highly disgraceful, derogatory
and unhealthy physically and emotionally on humans.
Individuals addicted to pornography are inclined towards excessive masturbation, inability to
stop even when it interferes with their health and social life. It can even lead to erectile
dysfunction due to psychological causes because the real sex does not turn on the viewer
anymore, as porn contains more elements of shock, surprise and novelty. It's worse effects
become manifest when the individual enters into a marriage, establishes a family and when
thousands in the society accept pornography as harmless.
“Pornography significantly distorts attitudes and perceptions about the nature of sexual
intercourse. Men who habitually look at pornography have a higher tolerance for abnormal
sexual behaviors, sexual aggression, promiscuity, and even rape.”5

41.Bridges AJ, Wosnitzer R, Scharrer E, Sun C, Liberman R. Aggression and Sexual Behavior in Best-
Selling Pornography Videos: A Content Analysis Update. Violence Against Women.
2010;16(10):1065-1085. doi:10.1177/1077801210382866

5THE EFFECTS OF PORNOGRAPHY ON INDIVIDUALS, MARRIAGE, FAMILY AND COMMUNITY

Patrick F. Fagan, Ph.D.

Page 11 of 31
2.3 Effects on couples in a Marriage:
The behaviour which individuals learned when single, namely to using porn and masturbation to
distract them from uneasy emotions such as depression, frustration, anger, boredom, insomnia,
stress, etc is difficult abandon after marriage. This same act when continued after marriage
weakens the husband-wife bond.
Studies have found that porn has an accelerating effect on a deteriorating marriage: husbands in
poor relationships tend to consume more sexually explicit material and consuming more sexually
explicit material also leads to poorer relationships. Some sociologists have speculated that men
turn to porn as a way of lifting their mood about their difficult home life and that the porn then
becomes an easier route to sexual satisfaction than being with their partner, so they disinvest in
the marriage.6
Once couples start to disinvest in marriage, in affects how they talk to each other and how they
value each other, this then undoubtedly deteriorates the quality of marriage, emotional health of
the spouses, quality of parenting, etc.
As per the study mentioned previously, males who perpetrate sexual aggression are more,
viewing porn repeatedly incites them to personally experience what they view with their
spouses. This however does not usually give out the same outcomes as those unrealistically
displayed in pornography by the actors. The idea of sexual pleasure in the minds of the
individual is distorted, and what gives them pleasure now is being in the same situation as those
who acted in porn, which cannot happen unless they subject their spouses to commit unnatural
or unusual sexual offences.
As women are in a difficult social environment, where they are not treated equally with men due
to outdated conceptions, many a times women, to keep the husband happy or to keep at bay his
wrath, consent to satisfy the perversions of their partner. More these perversions are satisfied,
they increase in intensity and frequency. Such an environment in a family is highly toxic.
2.4 Effects on Family Life:
When pornographic content is new each time, more surprising and shocking, it releases higher
levels of dopamine, thus the porn industry creates content that will shock the viewer such as
sexual relations with strangers, cheating with spouses, violent sex, sex with ones brother, sister,
cousins, step mother, mother of close ones, sex in public, etc. pornographic websites are loaded
with content of these categories, once the viewers watch these once or repeatedly, the
sociological effect on them is devastating — viewers may experience inappropriate thoughts
about those mentioned relationships, thoughts which they may find difficult to eliminate from
their memories. These elements in our society attack the family life, which is the foundation on
which a good society is built. It is impossible to create a good society without stable and loving
families. Porn industry for the sake of money, and viewers for the sake of pleasure engage in
practises which are derogatory to humans, devastating for marriages and families.
Viewing of such porn makes it difficult for the viewer to look at his own family and relations in
the same way again, it becomes a life time of torture if this practise is not discontinued. If a

6https://www.researchgate.net/publication/
269777287_Internet_pornography_and_relationship_quality_A_longitudinal_study_of_within_and_betwe
en_partner_effects_of_adjustment_sexual_satisfaction_and_sexually_explicit_internet_material_among_n
ewly-weds
Page 12 of 31
 person says that one can watch over and over another person having sex with his family
members or aggressive sex with another and still be unaffected by it, is disgusting. Such a person
should visit a psychologist to get checked.
“Pornography hurts adults, children, couples, families, and society. Among adolescents,
pornography hinders the development of a healthy sexuality, and among adults, it distorts sexual
attitudes and social realities. In families, pornography use leads to marital dissatisfaction,
infidelity, separation, and divorce. Society at large is not immune to the effect of pornography.
Child sex- offenders, for example, are often involved not only in the viewing, but also in the
distribution, of pornography.
Pornography is powerful enough even to overwhelm individuals, couples, and families despite
earlier affectionate relationships—whether between the mother and father or between the parents
and the child. But loving family relationships can help mute many of the factors that encourage
the use of pornography long before its addictive power takes root in a user’s life.”7
2.5 Effects on our Society:
How is it possible that something that damages individuals, marriages, families can still be good
for the society? India again and again witnesses how women get raped, gang raped and rods
inserted in their private parts — these sickening outcomes are undoubtedly worsened due to the
aggressive content that youths watch.
Consumption of pornography also increases unnatural offences, child abuse, women harassment,
divorce rate, cases of assault — a new trend of revenge porn is where people upload videos and
pictures of those people they were once sexually involved with just so that they can get back at
them for something.
• “the pornography industry, like other means of human trafficking, re- mains at base an
organized crime industry built on force, some physical, some not.9 As with all prostitution, the
women and children in pornography are, in the main, not there by choice but because of a lack
of choices. They usually "consent" to the acts only in the degraded and demented sense of the
word (common also to the law of rape) in which a person who despairs at stopping what is
happening, sees no escape, has no real alternative, was often sexually abused before as a child,
may be addicted to drugs, is homeless, hopeless, is often trying to avoid being beaten or killed,
is almost always economically desperate, acquiesces in being sexually abused for payment,
even if, in most instances, it is payment to someone else. Many are children; most enter the
industry as children.'0 Most pornography is, in pure John Millerese, "made by slaves.”"8
As our society consumes porn and poisons itself little by little, they will become insensitive and
the shocking elements of porn today will normalise tomorrow. Pornographic content, because of
how many viewers it attracts is now also permeating in the advertisements we watch, movie
scenes, songs, etc — crude elements of pornography, namely those aspects that arouse a persons
sexual desires are slowly surrounding us. Before this normalises, we must act.

7THE EFFECTS OF PORNOGRAPHY ON INDIVIDUALS, MARRIAGE, FAMILY AND

COMMUNITY
Patrick F. Fagan, Ph.D. Family Research Council

8Michigan Journal of International Law Volume 26 Issue 4 2005 —Pornography as Traf f cking
Catharine A. MacKinnon University of Michigan Law School
Page 13 of 31

fi
fi

Image Description: More than 1,000 people responded to Relationships Australia’s online survey in
February 2018. Three-quarters (74%) of survey respondents identified as female; with more females
than males responding in every age group (figure 1). Eighty-five per cent of survey respondents were
aged between 20 to 59 years, while more than one-third (36%) of respondents comprised women aged
between 30 to 49 years (inclusive).

2.6 Countering Some Prevalent Arguments Supporting Pornography

1. “Pornography can reboot a couple’s sex life.”
— Should a married couple watch others indulge in unreal sex so that their relationship
improves? Such a view towards pornography ignores the several side-effects a couple will face
in the long term.

Page 14 of 31
2. “Porn is not addictive”
— Just because it is addictive only for some, does that make porn acceptable? Does it not incite
one to engage in some form of a sexual activity? Does it not release chemicals in the brain?
Don’t people use porn to escape uneasy emotions? Will they not then return to it again and
again?
3. “When men vent out through porn, they are less likely to commit rape.”
— Is the male species so barbaric and immature that one of the evils has to be chosen? Can’t we
educate our young ones and develop them so that they will never outrage a women’s modesty in
public or privately?
4. “I have my right to freedom, the law can’t stop me from watching porn.”
— Such a statement is uttered by those who don’t realise that freedoms too cannot be absolute or
by those who are so used to pornography now that they find it difficult to abstain from it. We
need a framework within which an an individual can make free choice. Such a framework, like
trellis develops individual personality and makes him a respectable citizen of the world.
5. “If you don’t want to watch porn, don’t go on such sites, why are you blocking it for
everyone?”
— Through necessary legislations we need to make porn less accessible. When it is so easily
available, majority will find it difficult to restrain themselves from it, nor has their education
imparted them the strength or the reasons to reject porn. The government, like a concerned
parent, must protect the majority from elements that hinder them from being noble humans. To
see the need for blocking porn requires understanding, wisdom and foresight.
6. I am a girl and if I wan’t other’s to watch me during sexual activity so that I can earn some
money, why is it wrong? Why can’t I choose the profession of my choice?
— Certain activities when allowed for one or many, can have grave consequences on the morals
of the society. If morals are lost, our society will not be a safe place to live, nor can then
individuals or the whole society progress, reform and excel. There are hundreds of other
professional choice one can make that can protect the society, its individuals, dignity and morals
of the lot, it is our duty to make such responsible decisions.

“Know ye that the embodiment of liberty and its symbol is the animal. That which
beseemeth man is submission unto such restraints as will protect him from his own
ignorance, and guard him against the harm of the mischief-maker. Liberty causeth man to
overstep the bounds of propriety, and to infringe on the dignity of his station. It debaseth
him to the level of extreme depravity and wickedness.”

— From the Writings of the Baha’i Faith

______________________________________

Page 15 of 31
 Chapter 2A
A. Data analysis

For the purpose of this research a questionnaire was circulated amongst a sample
size of 43 individuals, of both genders, mixed ages. Random Sapling was utilised.

Many of the statements in the questionnaire were taken from other Research
papers which have been validated through surveys. The sample was asked to mark
true or false based on their opinions. The purpose of the questionnaire was not to
question the morality of pornography but to analyse the level of awareness of the
audience as to its consequences on individuals, marriages, families and the society.
The questions, its responses and a brief analysis is provided below:

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4

Page 17 of 31
 8

10

Page 18 of 31
11

12

13

Page 19 of 31
 B. Data Interpretation

• 30% of respondents considered porn as a harmless form of entertainment.

• 98% of respondents are of an opinion that porn can become an addiction that is
difficult to break.
• 90% of respondents feel that porn that is viewed may be imitated by the viewers.
• 90% of the respondents feel that actors in pornographic films are sometimes
victims of human trafficking.
It is important to highlight that 20% of respondents feel porn is harmless
entertainment, while they also think that porn can be addictive and the actors may
be victims of human trafficking. This shows that a certain percentage of viewers
hold confused assumptions about pornography. How can something be harmless
and still involve victims of human trafficking?
• 80% of respondents feel that porn is used to escape uneasy emotions of stress,
frustration and anger.
This is majorly because very few individuals have thoughtfully incorporated
healthy practises and attitudes to escape uneasy emotions.
• 78% of respondents feel that porn consumption may make a spouse disinvest in
a marriage.
• 85% of respondents feel that women are in a socially disadvantaged position and
feel compelled to satisfy the perversions of their partner. Which indirectly
increased the number of criminal cases and divorce rates.
• 95% of people are of an opinion that porn viewing indirectly results into
unnatural offences, child abuse, women harassment, divorce, assaults, etc in the
society.
Even though it is known that pornography is not the only cause for these criminal
offences and the rise of unhealthy attitudes towards women, still, if a more vast
research can conclude that pornogrpahy plays a part to fuel these offences, then the
government must intervene and play a proactive role in making the internet safer,
88% of respondents feel that porn must be blocked by law over the internet to
make it safe for all in this digital age.
• While there are also 20% of people who feel that watching porn improves couple
relationship, and that its there fundamental right and viewing porn can reduce
rape attacks. Such respondents suggest that porn must not be blocked but
regulated.
• As stated earlier, those percent of population who find porn liberating now due
to prolonged exposure, may not be in the favour of banning pornography.
However the majority favour banning porn through law and technology.
Page 20 of 31
 Chapter 3
Seeking the Help of the Authorities To Create a Safer Society.

3.1 Some Pertinent Legislations, Extracts And Questions To Think About:

A. “The UN General Assembly adopted another Declaration through its resolution 48/104, on
20 December 1998 recognising that violence against woman (VAW) is a manifestation of
historically unequal power relation between men and women leading to domination over and
discrimination against women. It categorically defines different kinds of VAW whether
occurring in public or in private life.”9
B. After the gruesome gang rape incident committed in Delhi on 16 December 2012, the
Government of India set up a committee under the chairmanship of Justice Verma to review
existing laws both ‘adopted and enacted’ and the committee suggests amendments to
criminal law to effectively deal with incidents of sexual violence. The committee while
placing its mandate within the framework of the constitution grounded its report primarily
on the states obligation to secure fundamental rights of the citizens including the right of
every person to assert one’s individual autonomy. The committee also observed that the
failure on the part of the state to secure rights of women amounts to denying the right to
equality and dignity and incorporated it in the report that the alterations, modification of the
already existing offences as suggested therein, must adhere to the Constitutional
framework.10
C. Amendments to Indian Penal Code, In relation to the offence of assault or criminal force to
women with intent to outrage her modesty the new offence incorporated are-sexual
harassment and punishment thereof, assault or use of criminal force to women with intent to
disrobe, voyeurism, and stalking.11
• Many legislations are enacted to protect the dignity of women and new ones are added
frequently — enacting laws and prescribing stricter punishments is only half the solution. The
government will have to study the root causes that make people commit sexual offences
against the dignity of women.
• As per section 354C, the individual who watches others engage in sexual activity without their
knowledge or consent is to be punished. But is it okay to watch others during their sexual
activity if they have knowledge that they are being watched?

9Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013‐ A Critical
Analysis by Professor R.C. Borpatragohain (A study of various legislations dealing with dignity
of Women)
10 Justice Verma Committee Report, which was submitted on January 23, 2013.

11 11 Indian Penal Code, Section 354A, 354B, 354C,354D

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• The number of cases of rape, violence against women, children, sexual offences have been
steadily on the rise despite increasing number of legislations passes to curb the same. Crores of
rupees are spent to investigate these cases pan India, the media is flooded with unpleasant
news now and then, India is being considered as a country unsafe for women to travel alone.
These cases must not be viewed in isolation. Pornography is not the only cause for corrupting
the youths and inciting them to commit these offences, but it is one of the causes.
• While Law punishes those who publish or circulate vulgar content on the internet, the
government must also take some responsibility and filter out vulgar content from the internet
so it becomes harder to access it.
• Agreed that internet is difficult to regulate, but that’s what the Institutions exist for, to
accomplish things that individuals alone cannot. With the advanced technical minds and
equipments that exist today, the government must eliminate pornographic content from the
internet and make it safer for the children, youths and women. Such steps will no doubt prove
that the government thinks about the welfare of the masses and takes concrete steps to create
an environment for the citizens wherein they can grow to become responsible, sincere,
dignified citizens of India.

3.2 Some Existing Procedures To Report And Curb Pornography

Despite all the existing legislations to safeguard the female gender and their dignity, very few
procedures exist to report online pornography. Moreover, none of these procedures are user
friendly.
1. As per the Information Technology Act, publishing, producing and circulating pornography
is punishable. Even then the internet is filled with obscene content. What if we don’t. Know
who published it? Produced it and uploaded it? Now that it is uploaded, is it allowed to stay
there for all to see? The government here must take more responsibility. What are they doing
to filter out the obscene content? Theirs enormous powers exist to accomplish that which
common individuals cannot, here it is their duty to proactively filter out obscene content
from time to time.
2. https://cybercrime.gov.in
On this website by the Ministry of Home Affairs, we can complain about cyber crimes against
women and children, however I am forced to report only those crimes which occur against the
people I know. There has to be some form of locus standi. Plus I need to upload proof, without
which my report won’t be registered.
But when “India is my country and all citizens are my brothers and sisters.” Why cannot I report
such derogatory content online against any female? As it is depraving the morals of my society.
Thus, I had an unsuccessful attempt at getting my complaint registered. Because no one I know
personally was affected.

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3. Another portal through which we may be able to report cyber incidents is cert.in.org.in Here
too the website is not very user friendly, nor does the report form consist of an option to report
online porn.
• Common people, concerned parents, school authorities, teachers and responsible citizens are
concerned. While the pandemic has shifted the whole world online, most of the activities that
were once done physically are now done online. And internet is highly unregulated, unsafe and
accessible. Increasing number of statistics are stating that now porn is accessed even by 10
year olds. If our children get hooked to this poison from such a young age, their inclination,
attachment towards obscenity will become pathological, and it will have a normalising effect
on them, thereby shattering future families, which are the foundations for a healthy society.

3.3 Pertinent Extracts Surrounding a Recent Case that advocated a blanket ban on porn:
1. A case filed by Mr.Kamlesh Vaswani was taken up by the bench of Justices Dipak Mishra
and Shiva Kirti Singh in the Supreme Court. Vijay Panjwani, was the advocate for Vaswani.
Pinky Anand, the Additional Solicitor General of India was representing the Union of India.
Mr. Vijay Panjwani, the advocate appearing on behalf of Mr. Vaswani started the arguments by
citing examples of how countries like China and Pakistan have banned pornography. The Chief
Justice responded saying “What China, Pakistan or any other country does is not our concern.
We have to see the problem and remedy it with respect to our own society.”
Additional Solicitor General, L. Nageswara Rao, appearing for the Centre explained to the court
that pornographic videos and images are uploaded outside India. When they receive a complaint,
they contact the concerned intermediary (such as Google) and ask them to block the content. He
further stated that he has discussed the problem with the Government (DeitY) whose major
problem is that even if the content is removed from one place online it is uploaded again in
multiple different places. The court seemed to sympathise with this difficulty faced by the

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Government in enforcement and Justice Nariman even compared the problem to the sprouting of
a Hydra’s head.
The Chief Justice stated that “the Centre should not be so helpless and ideally the law should
develop faster than the technology”. He however admitted that “technology will always develop
faster than law as the human mind is very fertile and innovative’. He also added a cautionary
note stating that ‘though technology can do wonders but it can also lead to destruction”. Justice
Kurian Joseph stated that these things lead to prurient interests in the younger generation and to
rising instances of sexual exploitation.12
• Mr. Mukul Rohatgi, the Attorney General of India represented the Union along with ASG Ms.
Pinky Anand. He stated that after the last hearing the petitioners gave a list of 857 websites to
the Government, which were blocked by the Department without any verification.
Subsequently, the Department verified the list and then asked the Internet Service Providers to
only block websites with child porn.
He again reiterated that if someone wants to watch this in the privacy of their bedroom, the state
cannot be a moral police or enter peoples bedrooms. He added that there are issues of freedom of
speech and expression under article 19(1)(a) involved in the case.
At this point Mr. Vaswani’s lawyer, Vijay Panjwani stated that a criminal activity is a criminal
activity whether in public or in private and transmission of pornography is a criminal activity,
which the ISPs are doing. He added that we have the technology to block these sites, parties
including people from Banaras Hindu University have filed affidavits in the case stating the
same. He said that there is a seven-years imprisonment for anyone transmitting absence content
under the Information Technology Act, but we are not even asking for that, we are just asking for
the sites to be blocked.
The Attorney General interrupted at this point and stated that today every computer has a child/
parental lock and can be used to limit children’s access to such sites and there are other
softwares being developed for mobiles and other devices. He added that the best filter is not to
block this content at the gateway but if individuals want they can do it on their devices, as if two
adults want to watch it for entertainment we cannot enter their houses. The AG further stated that
we cannot become a totalitarian state and there is right to information and entertainment under
article 19(1)(a).13

• Some of these arguments will be scrutinised in the final chapter of this paper.

_________________________________

12https://ccgnludelhi.wordpress.com/2014/08/29/cannot-block-all-pornographic-material-over-
the-internet-centre-informs-the-sc/
13https://ccgnludelhi.wordpress.com/2015/08/10/we-are-not-a-totalitarian-state-and-cannot-be-
asked-to-moral-police-ag-tells-the-sc-in-the-porn-petition/
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 Chapter 4
Concluding Arguments and Some Suggestions

4.1 Answering the right to liberty argument.

Many who are against the ban of pornography state the following reasons:
• Does the ban not hinder with my right to life and personal liberty?
As stated earlier, the Constitution imposes certain fundamental duties on the citizens:
(e) To promote harmony and the spirit of common brotherhood amongst all the people of India
and to renounce practices derogatory to the dignity of women.
(f) To preserve our rich culture
(h) To develop scientific temper, humanism and the spirit of inquiry and reform
(j) To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement.
In A.I.I.M.S. Student’s Union v. A.I.I.M.S., a three-Judge Bench of the Supreme Court made it
clear that fundamental duties, though not enforceable by a writ of the court, yet provide valuable
guidance and aid to interpretation and resolution of constitutional and legal issues. In case of
doubt, peoples’ wish as expressed through Article 51-A can serve as a guide not only for
resolving the issue but also for constructing or moulding the relief to be given by the courts. The
fundamental duties must be given their full meaning as expected by the enactment of the Forty-
second Amendment.14
It is thus clear that when individuals demand certain rights, when the legislation makes certain
provisions and while the judiciary interprets law and decides cases, it must work within the
ambit of the fundamental duties in the Constitution, if it doesn’t, what are these duties for?
India has rich and meaningful culture, we have for centuries been taught that the World is One
Family15 and that all Indians are my brothers and sisters.16
• Is it possible for our citizens to advance in their understanding of the dignity of women, if we
continue to watch other women have sex and be filmed for the world to watch and derive
lustful pleasure out it for mere entertainment? We are not denying the citizens right to
entertainment, but when entertainment is so vile, disgraceful and unconstitutional — the law
must protect the citizens from its corrupting influence.
• Are we preserving our rich culture if we consume obscene content that sexualises family
relations, and entertains the people by watching others engagement in adultery? The fact that
more and more content is uploaded that is inhumane and derogatory is sufficient to prove that
the youths in the nation are affected by what they watch, and imitating it and filming it.

14http://www.legalservicesindia.com/article/1778/Fundamental-Duties-under-the-Constitution-
as-Legally-Enforceable-Duties-under-Different-Statutes.html
15 From the Upanishads
16 National Pledge of India
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• Will the citizens develop scientific temper, humanism and a spirit of reform at higher levels by
indulging in porn or by exercising restraint and control over their lustful appetites? We do not
require statistics or scientific studies to acknowledge that porn can have harmful effects on
individuals, marriages and families, which is the basic structure of our society and the first
platforms where individuals are trained to be responsible and productive citizens.
• It is not a case of moral policing when certain bodies scientifically and logically, with an aerial
vision analyse the ill effects of pornography on the society and frame laws to protect it from
the ills the society may not be able visualise immediately.
• Even after all these arguments if we are unsure if porn ban will lead to a better society or not,
then perhaps the ban needs to come into effect for its results to be studied.
• It is not our contention to punish those who watch porn, because people who watch it are the
products of the society they grow up in. Many had no choice, nor were they able to visualise
the effects prolonged porn consumption would have on them. Due to this prolonged
consumption, they may now be unable to make a fair decision as their attachment to the act of
watching pornography and masturbation distorts their ability to judge fairly. We only wish that
government intervene and ban porn because it is against the vision our Constitution has for the
citizens of India.
It is thus the duty of the education system, the legislators, the judiciary and the citizens of India
to be mindful of their constitution duties and seek not to overstep the bounds of liberty and
moderation.
Lastly, when the Attorney General in the case stated above said that, “if someone wants to watch
porn in the privacy of their bedroom, the state cannot be a moral police or enter peoples
bedrooms.” — Firstly, not the State, but the laws exist for moral policing and they are used for
this purpose all over the world. Secondly, we do not wish that the State enter peoples bedroom,
our concern is that the things that must happen in a bedroom are being dramatised, filmed,
published over a platform that is easily accessible and this content is severely affecting the the
minds of the citizens and the stability of family and the society.

4.2 Suggestions
Even though regulating access to pornography is difficult over the internet, however, as stated
above, several countries around the world have bee successful in blocking pornographic content
online.
• It is suggested that special committees be established to study the psychological, sociological
effects of pornography. And the special committees should be comprised of doctors, legal
experts, Technical experts, etc. These technocrats will then be in a better position to suggest
whether pornography should be blocked or not. And if it is to be blocked, how we can achieve
it through the use of legislations and technology.
• In the landmark case previously stated, the Supreme Court has already issued interim orders to
the Ministry of telecommunication to block access to obscene websites. However, we require a
proactive team of technical experts in the cyber department who can from time to time update
the list of blocked websites so that they become inaccessible.

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• Ultimately, unless our citizens from a young age perceive the dangers of producing
pornography and consuming it, no amount of legislation will curb this practise. Our inability to
talk freely about the evils of pornography has led to a secretive environment around it. In this
environment, many are set off on a wasteful path because there was no timely intervention.
______________________________________

BIBLIOGRAPHY AND WEBOGRAPHY

1. Bhagvad- Gita, Chapter 16, Verse 21

2. Baha’i Scriptures, From the Writings of Baha’u’llah
3. https://www.washingtonpost.com/posteverything/wp/2016/04/08/is-porn-immoral-that-
doesnt-matter-its-a-public-health-crisis/
4. Bridges AJ, Wosnitzer R, Scharrer E, Sun C, Liberman R. Aggression and Sexual Behavior in
Best-Selling Pornography Videos: A Content Analysis Update. Violence Against Women.
2010;16(10):1065-1085. doi:10.1177/1077801210382866
5. THE EFFECTS OF PORNOGRAPHY ON INDIVIDUALS, MARRIAGE, FAMILY AND
COMMUNITY Patrick F. Fagan, Ph.D.
6. https://www.researchgate.net/publication/
269777287_Internet_pornography_and_relationship_quality_A_longitudinal_study_of_withi
n_and_between_partner_effects_of_adjustment_sexual_satisfaction_and_sexually_explicit_i
nternet_material_among_newly-weds
7. THE EFFECTS OF PORNOGRAPHY ON INDIVIDUALS, MARRIAGE, FAMILY AND
COMMUNITY Patrick F. Fagan, Ph.D.
8. Michigan Journal of International Law Volume 26 Issue 4 2005 —Pornography as
Traffifficking Catharine A. MacKinnon University of Michigan Law School
9. Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013- A
Critical Analysis by Professor R.C. Borpatragohain (A study of various legislations dealing
with dignity of Women)
10. Justice Verma Committee Report, which was submitted on January 23, 2013.
11. Indian Penal Code, Section 354A, 354B, 354C,354D
12. https://ccgnludelhi.wordpress.com/2014/08/29/cannot-block-all-pornographic-material-
over-the-internet-centre-informs-the-sc/
13. https://ccgnludelhi.wordpress.com/2015/08/10/we-are-not-a-totalitarian-state-and-cannot-
be-asked-to-moral-police-ag-tells-the-sc-in-the-porn-petition/
14. http://www.legalservicesindia.com/article/1778/Fundamental-Duties-under-the-Constitution-
as-Legally-Enforceable-Duties-under-Different-Statutes.html
15. From the Upanishads
16. National Pledge of India

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Annexure A: Questionnaire

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Page 29 of 31
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END.

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