Pornography in India

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A map showing pornography laws of Asia. .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Fully legal Partially legal, under some restrictions, or ambiguous status Illegal Data unavailable Asia Pornography Laws.jpg
A map showing pornography laws of Asia.
  Fully legal
  Partially legal, under some restrictions, or ambiguous status
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Pornography in India is restricted and illegal in all form including print media, electronic media, and digital media (OTT). [1] [2] Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing pornography is illegal in India. [3] [4]

Contents

India's Supreme Court said, OTT regulation is a necessity as some OTT even showing nudity, obscenity and even porn, because of the absence of any proper rules and regulation. [5] [6]

On 22 August 2023, Government of India assured that it will bring rules and regulation to check vulgar and obscene content on social media and OTT platforms. [7] [8] [9]

On 10 November 2023, MIB India introduces the 'Broadcasting Service Regulation Bill', Which will regulate the content of OTT platforms with programme code and content evaluation committee, who will check the content and provide the certificate for every content before publishing online. Currently consultation is ongoing on this bill till 15 January 2024. [10] [11]

On 14 March 2024, MIB India has banned 18 OTT apps from Google play store and suspended their all 57 social media accounts including Facebook ID, Instagram ID, YouTube channel etc and closed 19 streaming websites. I&B ministry said that, these OTT platforms were making vulgar and obscene content with nudity and unethical storyline. And some of them were showing even Softporn and porn as a webseries, and they all were violating the IT Rules 2021, IT Act section 292, 293, section 67 A and Indecent representation of women (prohibition) act. The banned platform were MoodX, Prime Play, Hunters, Besharams, Rabbit movies, Voovi, Fugi, Mojflix, Chikooflix, Nuefliks, Xtramood, Neon X VIP, X Prime, Tri Flicks, Uncut Adda, Dreams Films, Hot Shots VIP, Yessma. [12] [13] [14]

Art work portraying Kama in Hindu temples. These works depicted courtship, amorous couples in intimacy (maithuna), or a sex position. Viewed with a spiritual outlook, sexual arousal is believed to indicate the embodying of the divine. Above: Temples in India and Nepal (c. 400 - c. 1400 CE). Kama, mithuna artwork in Hindu temples.jpg
Art work portraying Kama in Hindu temples. These works depicted courtship, amorous couples in intimacy (maithuna), or a sex position. Viewed with a spiritual outlook, sexual arousal is believed to indicate the embodying of the divine. Above: Temples in India and Nepal (c. 400 – c. 1400 CE).
Kamasutra5.jpg
Woman on top
KamaSutra25.jpg
Group sex
KamaSutra50 (cropped).jpg
Double penetration
Examples of illustrations depicting human sexual activities. From the ancient Indian Sanskrit text Kama Sutra (c. 200 – c. 300 CE).

Legality

Types of publication

Print

Studies have found that print media is less widely accessible than internet media in India. A randomized survey of 96 random vendors, such as video stores, mobile downloads/recharge stores and cybercafés, in Haryana, India found that 17% displayed pornography openly, 34% displayed it semi-openly, and 49% kept it hidden. [26] It is possible that cultural taboos [27] and legal issues (such as those described below) make it more desirable to view pornography in India through internet mediums, such as computers or smartphones, for more privacy. [28]

Internet

Sherlyn Chopra at the launch of Anuradha Sawhney's book 'The Vegan Kitchen Bollywood Style!' (01).jpg
Poonam pandey colors indian telly awards.jpg
Sherlyn Chopra (left) was and Poonam Pandey (right) is very active on adult platform OnlyFans.

Internet pornography has become very popular in India with from 30% up to 70% of total traffic from porn websites. It has become a major portion of traffic and source of data revenue for telecom companies. [29] [28] A popular porn site released viewership data and national capital Delhi recorded up to 40% of all traffic. [30]

One self reporting survey found that 63% of youths in urban areas such as Haryana reported watching pornography, with 74% accessing it through their mobile phones. [26] As smartphone and internet access in India continues to increase, more people will be able to privately view pornography. [31] Quartz has found that 50% of Indian IP addresses accessed popular pornography websites on mobile phones. Online erotic comics have also become popular in India as the internet becomes more readily available to the common citizen. [32]

Judicial opinion

In July 2015 the Supreme Court of India refused to allow the blocking of pornographic websites and said that watching pornography indoors in the privacy of one's own home was not a crime. [33]

Again in 2015, DOT has banned 857 pornographic websites and lifted the ban again and has asked the ISPs to ban only such websites where there is child pornography. [34] [35] [36]

The Supreme Court of India, in Khoday Distilleries Ltd. and Ors. v. State of Karnataka and Ors. - (1995) 1 SCC 574, held that there is no fundamental right to carry on business of exhibiting and publishing pornographic or obscene films and literature. [37]

Kamlesh Vaswani vs. Union of India and ors in 2013 (diary 5917, 2013), a PIL petition was filed in the Supreme Court of India seeking a ban on pornography in India. [38] The Court issued a notice to the central government of India and sought its response. The government informed the Court that the Cyber Regulation Advisory Committee constituted under Section 88 of the IT Act, 2000 was assigned with a brief with regard to availability of pornography on the Internet and it was looking into the matter. [38]

On 26 January 2016, the Supreme Court in written order, instructed govt "to suggest the ways and means so that these activities are curbed. The innocent children cannot be made prey to these kind of painful situations, and a nation, by no means, can afford to carry any kind of experiment with its children in the name of liberty and freedom of expression. When we say nation, we mean each member of the collective". [39]

The Supreme court has said that it can't stop an adult from viewing pornography or sexually explicit material in private space citing Article 21[right to personal liberty] of the Indian constitution. [40]

Prajwala Letter dated 18.2.2015 VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS, a suo moto PIL was admitted in Supreme Court (Diary No.- 6818 - 2015). Prajwala NGO pleaded to court to stop rampant circulation of rape videos through mobile application WhatsApp. Supreme court has ordered CBI probe to find and arrest the culprits clearly visible in the rape videos. [41]

Socio-cultural attitudes

Many sex related topics, such as pornography, are considered taboo in traditional Indian households. [27] This trend seems to be rapidly changing, especially in urbanized cities. Researchers have found that the primary sex education of youth born in the 1990s onwards in India comes from pornography and conversations amongst their peers, which has been known to cause long term sexual anxiety and frustration in other cultures where youth learn sexual attitudes from pornography. [42] However, due to the internet and increased access for the common citizen, pornography has slowly entered the public discourse, most notably with the outrage towards a 2015 government order to censor 857 websites that contained explicit materials. [43]

Homosexual pornography

Homosexual pornography is not widely available in print, due to the socio-culture taboo surrounding both pornography and homosexuality (see LGBT culture in India). However, Indian IP addresses access both lesbian and gay porn using the internet, with a 213% increase in searches for gay porn from 2013 to 2014. [44] Additionally, the most popular search for pornography amongst females in India, centers on lesbian and gay pornography.

Violence

Important people[ who? ] in media have argued that censoring pornography would decrease rapes in India. There has not been a link between pornography being a significant factor in the rate of crime and violence in India. [45] On the contrary, in other countries, increased availability of porn has been correlated with lower rates of sexual violence. [46] [47] [48]

Sex

Some studies have speculated that pornography influences sex work in India. [49] [50] [51] For instance, one study of 555 female sex workers found that 45% self-reported pornographic influence driving clientele desire for anal sex. [50] In another study, female sex workers reported being asked to perform new sexual acts such as anal sex, masturbation and different sex positions, requests that they believed were due to an increased exposure to pornography. [51] The implications of such work is currently unclear for public health policy in India.

See also

Notes

  1. ↑ Perhaps no culture has cultivated sexual pleasure as a spiritual ideal to the extent of the ancient Hindus of India. From the fifth century ce onward, temples show sculptures of gods, nymphs, and ordinary people in erotic poses. Hindu sexual practices were codified in a sex manual, the Kama Sutra, which illustrates sexual positions, some of which would challenge a contortionist. It also holds recipes for alleged aphrodisiacs. This manual is believed to have been written sometime between the third and fifth centuries ce, when Christianity was ascending in the West. In its graphic representations of sexual positions and practices, the Kama Sutra reflected the Hindu belief that sex was a religious duty, not a source of shame or guilt. [15] Spiritual liberation is said to be a great bliss (ananda) that is the result of the internalization and transcendence of the very same sexual fire that is experienced in limited amounts through sexual engagement. Ultimately, for Hindus, sexuality is not one thing and spirituality another. They are, rather, two aspects of the very same fire, a fire that both gives rise to life and makes possible its transcendence. Or, one might say that they are but two names for a single internal river, which, has the capacity to flow in two directions. [16] Bhartrihari is a true representative of Indian culture in his extreme views on sex and renunciation. ... In his Sringarasataka {verse 19} he says: "In the worthless and changeable world, learned men should either pass their days in drinking the nectar of spiritual knowledge or devote themselves to the pleasant enjoyment of women, whose breasts and buttocks are both hard and thick set and whose hips and loins are fully developed and extended." ... The poet considers the sensual pleasures as the ultimate end of heaven which is reserved for the fortunate few [verse 57]. [17] For Tantra the greatest energy was sexual and the sexual organs represented cosmic powers, as symbolized in the linga of Shiva. Some yogis worshipped their own linga, with full ritual, and sexual arousal indicated the coming of the divine presence. The snake was naturally a symbol of sexual power, in the kundalini and other concepts. Similarly the female yoni was worshipped, and many sculptures depicted not only the female body but its prominent genitals. Sexual intercourse (maithuna) of any kind was treated in a ritual fashion, between husband and wife, or different partners, or with a temple girl. Sexual union was transformed into a ceremonial through which the human couple became a divine pair. [18]

Related Research Articles

<span class="mw-page-title-main">Erotica</span> Category of sexually stimulating media

Erotica is literature or art that deals substantively with subject matter that is erotic, sexually stimulating or sexually arousing. Some critics regard pornography as a type of erotica, but many consider it to be different. Erotic art may use any artistic form to depict erotic content, including painting, sculpture, drama, film or music. Erotic literature and erotic photography have become genres in their own right. Erotica also exists in a number of subgenres including gay, lesbian, women's, bondage, monster and tentacle erotica.

<span class="mw-page-title-main">Pornographic film</span> Films that present sexually explicit subject matter in order to arouse and satisfy the viewer

Pornographic films (pornos), erotic films, sex films, 18+ films, or also known as blue movie or blue film, are films that present sexually explicit subject matter in order to arouse, fascinate, or satisfy the viewer. Pornographic films present sexual fantasies and usually include erotically stimulating material such as nudity (softcore) and sexual intercourse (hardcore). A distinction is sometimes made between "erotic" and "pornographic" films on the basis that the latter category contains more explicit sexuality, and focuses more on arousal than storytelling; the distinction is highly subjective.

<span class="mw-page-title-main">Pornography in the United States</span>

Pornography has existed since the origins of the United States, and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from children and adolescents, as many other countries have planned or proceeded to do.

<span class="mw-page-title-main">Pornography laws by region</span> Legality of pornography

Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are legal in some but not all countries, as long as the pornography features performers aged above a certain age, usually 18 years. Further restrictions are often placed on such material.

<span class="mw-page-title-main">Pornography in Europe</span>

Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.

<span class="mw-page-title-main">Pornography</span> Portrayal of sexual subject matter

Pornography has been defined as sexual subject material "such as a picture, video, or text" that is intended for sexual arousal. Made for the consumption by adults, pornography depictions have evolved from cave paintings, some forty millennia ago, to virtual reality presentations. A general distinction of adult content is made classifying it as pornography or erotica.

<span class="mw-page-title-main">Internet censorship in India</span> Overview of Internet censorship in India

Internet censorship in India is done by both central and state governments. DNS filtering and educating service users in suggested usages is an active strategy and government policy to regulate and block access to Internet content on a large scale. Measures for removing content at the request of content creators through court orders have also become more common in recent years. Initiating a mass surveillance government project like Golden Shield Project is an alternative that has been discussed over the years by government bodies.

The National Center on Sexual Exploitation (NCOSE), previously known as Morality in Media and Operation Yorkville, is an American conservative anti-pornography organization. The group has also campaigned against sex trafficking, same-sex marriage, sex shops and sex toys, decriminalization of sex work, comprehensive sex education, and various works of literature or visual arts the organization has deemed obscene, profane or indecent. Its current president is Patrick A. Trueman. The organization describes its goal as "exposing the links between all forms of sexual exploitation".

Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real minors to make pornographic material. Virtual child pornography depicts purely fictional characters. "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.

An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral repugnance and outrage in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to descriptions and depictions of people engaged in sexual and excretory activity.

Much of the regulation in the adult film industry has been limited to preventing child pornography. To enforce the age of entry restriction, most adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.

<span class="mw-page-title-main">Child pornography laws in the United States</span>

In the United States, child pornography is illegal under federal law and in all states and is punishable by up to life imprisonment and fines of up to $250,000. U.S. laws regarding child pornography are virtually always enforced and amongst the harshest in the world. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 18. U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.

Feminist views on pornography range from total condemnation of the medium as an inherent form of violence against women to an embracing of some forms as a medium of feminist expression. This debate reflects larger concerns surrounding feminist views on sexuality, and is closely related to those on prostitution, BDSM, and other issues. Pornography has been one of the most divisive issues in feminism, particularly in Anglophone (English-speaking) countries. This division was exemplified in the feminist sex wars of the 1980s, which pitted anti-pornography activists against pro-pornography ones.

<span class="mw-page-title-main">Pornography in Pakistan</span> Overview of pornography in Pakistan

Pornography in Pakistan is subject to several legal provisions. The Government of Pakistan has placed ban on internet websites containing such material since November 2011. Major pornography website are already barred in Pakistan. In 2016, it was reported that government of Pakistan ordered Internet Service Providers (ISPs) in Pakistan to block more than 400,000 websites which contained pornographic content. Later in 2019, around 800,000 additional website containing pornographic content were banned by the Pakistan Telecom Authority on the order of government of Pakistan.

United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene, as well as to issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and there are differences among such laws. Federal statutes ban obscenity and child pornography produced with real children. Federal law also bans broadcasting of "indecent" material during specified hours.

<span class="mw-page-title-main">Pornography in Asia</span>

Pornography in Asia is pornography created in Asia, watched in Asia, or consumed or displayed in other parts of the world as one or more genres of Asian porn.

<span class="mw-page-title-main">Audiovisual Media Services Regulations 2014</span> United Kingdom legislation

The Audiovisual Media Services Regulations 2014 is a statutory instrument of the Parliament of the United Kingdom that applies regulations to R18-rated pornography that is available through paid video on demand or other streaming platforms. Prior to the regulations coming into force, neither Ofcom nor the British Board of Film Classification (BBFC) had jurisdiction over such content. In force from 1 December 2014, these regulations were made by the Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

<span class="mw-page-title-main">Pornography in China</span>

In China, including the People's Republic of China (PRC) and the Republic of China (ROC/Taiwan), the pornography laws and definitions vary depending on the governing authority. In the PRC there are criminal laws which prohibit the production, dissemination, and selling of sexually explicit material, and anyone doing so may be sentenced to life imprisonment. There is an ongoing campaign against "spiritual pollution", the term referencing the Chinese Communist party's Anti-Spiritual Pollution Campaign of 1983. Although pornography is illegal, it is available via the Internet. Nationwide surveys between the years 2000 and 2015 revealed "more than 70 percent of men aged 18 to 29 said they had watched porn in the past year".

There are currently about 57 providers of over-the-top media services (OTT) in India, which distribute streaming media or video on demand over the Internet.

<span class="mw-page-title-main">Malayalam softcore pornography</span> Genre of softcore pornographic films produced in Kerala, India

Malayalam softcore pornography was a popular genre of softcore pornography produced in the Indian state of Kerala in the Malayalam language. Popularly known as Mallu porn films or B-grade films, they are mostly recognised as low-quality films with fairly low budgets. They emerged alongside mainstream Malayalam cinema of Kerala in the 1980s.

References

  1. ↑ Raj, Sony J.; Menon, Devadas (December 2023). "Porn Tube sites: How do gratifications, interactivity and contextual age predict usage and addiction in India?". Science Talks. 8: 100272. doi:10.1016/j.sctalk.2023.100272. ISSN   2772-5693.
  2. ↑ "OTT platforms have freedom for creativity not obscenity: Anurag Thakur". India Today. 19 March 2023. Archived from the original on 28 May 2023. Retrieved 28 May 2023.
  3. ↑ "IT Act Amendment 2021" (PDF).
  4. ↑ "Explained: Laws Related To Pornography In India". IndiaTimes. 15 September 2022. Archived from the original on 26 April 2023. Retrieved 13 August 2023.
  5. ↑ "OTT regulations a necessity as some even show porn, says SC". Hindustan Times. 5 March 2021. Archived from the original on 21 September 2022. Retrieved 1 June 2023.
  6. ↑ "'No teeth': SC wants stricter OTT rules". Hindustan Times. 6 March 2021. Archived from the original on 1 June 2023. Retrieved 1 June 2023.
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  17. ↑ Desai 1975, pp. 187–188.
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Bibliography

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