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TIRUCHIRAPPALLI.
ACADEMIC SESSION:
2015-2016
Tiruchirappalli.
SUBMITTED BY:
PRANAV MUNDRA
ROLL NO. bc0140040
B,Com.LL.B(HONS.) sem-iii
Table Of Contents
ACKNOWLEDGEMENT..3
ARGUMENTS4
PRAYER11
ACKNOWLEDGEMENTS
At the outset, I take this opportunity to thank my Miss. Kanika Gauba from the bottom of my
heart who has been of immense help during moments of anxiety and torpidity while the
project was taking its crucial shape.
Secondly, I convey my deepest regards to the administrative staff of TNNLS who held the
project in high esteem by providing reliable information in the form of library infrastructure
and database connections in times of need.
Thirdly, the contribution made by my parents and friends by foregoing their precious time is
unforgettable and highly solicited. Their valuable advice and timely supervision paved the
way for the successful completion of this project. Hence as a student, I am extremely
grateful and forever deeply indebted to him.
Finally, I thank the Almighty who gave me the courage and stamina to confront all hurdles
during the making of this project. Words arent sufficient to acknowledge the tremendous
contributions of various people involved in this project--- as I know Words are Poor
Comforters. I once again wholeheartedly and earnestly thank all the people who were
involved directly or indirectly during this project making which helped me to come out with
flying colours.
SHREYA SINGHAL
.........PETITIONER
VERSUS
UNION OF INDIA
..........RESPONDENT
http://www.dailymail.co.uk/indiahome/indianews/article-2509509/Porn-sites-cause-crime-women-SupremeCourt-demands-immediate-action-create-porn-free-India.html
in the last decade and more than double the number for 2002." This shows that there is a relation
positive relationship between pornographic material and crimes and hence there must be a
reasonable restriction that is to be imposed on pornographic materials. 2
The Information Technology Act, 2000 Chapter XI, the Government of India clearly specifies
online pornography as a punishable offense.
In most countries like in U.K and in Europe mere possession of child pornography is a criminal
offence whether this occurs off-line or on-line and it is considered to be a reasonable
restriction by their respective government.
The Williams Committee (U.K) stated:
Few people would be prepared to take the risk where children are concerned and just as the law
recognizes that children should be protected against sexual behavior which they are too young to
properly consent to, it is almost universally agreed that this should apply to participation in child
pornography.3
By this the committee want to conclude that child pornography leads to child abuse and therefore
it must be banned as at that age children are too young to give their own consent. Indian
government also banned the child pornographic material as it leads to child abuse, leads to break
down of public order which is considered to be a reasonable restriction.
The intervention of government is necessary in banning pornographic materials, the intervention
must not be absolute but it must be in the lines of what has been done by Indian government,
who partially revoked an order to block hundreds of pornographic websites following an uproar
on social media, but the government ordered Internet service providers to shut down sites that
promote child pornography. This is a reasonable intervention done by the government in banning
pornographic material available online on internet
2
3
UK obscenity legislation has recently been amended by the Criminal Justice and Public Order
Act 1994 (CJPOA 1994) to deal with the specific problem of Internet pornography. The
following will show, however, that there are difficulties with the application of existing national
law to a medium such as the global Internet which does not have any borders.
The European Commission launched a Communication Paper on Illegal and Harmful Content
together with a Green Paper on the Protection of Minors and Human Dignity in Audio-visual and
Information Services in October 1996.The Communication Paper dating from early 1996.,
concerning the dissemination of illegal content on the Internet, especially child pornography The
European Parliament adopted a resolution about banning the child pornography following a
report of European commission. 4
So,if U.K can pass law to ban child pornography, European parliament can pass law to ban child
pornography and also according to research performed by the International Centre for Missing
& Exploited Children (ICMEC)out of 94 Interpol countries, 58 criminalized possession of child
pornography5 regardless of intent to distribute India can also pass a law to ban child pornography
as if it is considered a reasonable restriction in these countries, so in India also, banning child
pornography is a reasonable restriction.
4
5
http://www.cyber-rights.org/reports/governan.htm
//en.wikipedia.org/wiki/Laws_regarding_child_pornography
In a very famous case Yusuf Abdul Aziz Vs State Of Bombay, in which section 497 of IPC was
challenged that it punishes only man for adultery and exempts the women from punishment as
she may be equally guilty of the offence of adultery, court held that article 15(3) of Indian
constitution provides the special provision only for women and children and it does not require
the identical treatment as enjoyed by males. So court rejected the plea under article 15(3).6
Similarly, here the ban is not absolutely illegal as here also the government has imposed ban on
child pornography not banning the full pornographic material from the internet, this is supposed
to be a reasonable restriction taken by government as it will protect the interest of women and
children. Hence it shows that ban that is imposed by the government on pornographic material
has a constitutional validity under article 15(3) of Indian constitution.
Watching porn mostly instigates the men to commit crimes like rape, sexual harassment etc. In
the recent Delhi rape case the convicts watched porn before committing this crime, because
according to section 354 of IPC which states that whosoever assaults or uses any criminal force
to any women, intending to outrage or knowing it to be likely that he will thereby outrage her
modesty is punishable under IPC. So by banning porn it will in some little way help in the
declining of crimes against women.
Also, according to Indecent Representation of Women Act 1987, through any form of art,
pamphlet, paintings, books, representation or computer generated graphics; woman should not be
portrayed in such a manner which dents her modesty and porn generally dents the modesty of a
women. Any violation of the provisions of this stringent act is a criminal offence.
Apart from this, section 292 of IPC says that any form of art whether commercial or noncommercial shall be deemed obscene if it is lascivious to a persons prurient interests. The
government has imposed ban on child pornography, the person can watch porns in the four
walls of his house no one can stop him but if it will be published or portrayed it will be an
offence under section 292 of IPC. So, government should not only impose ban on child
pornography but also on publishing these kinds of stuff on websites.
In a 2008 Maharashtra incident where certain custom officers were arrested and charged for
obscenity but where later acquitted by the Bombay High Court. It was held that: Simply
viewing an obscene object is not an offence. It becomes an offence only when someone has in
possession such objects of the purposes of sale, hire, distribution or putting it in circulation. If
the obscene object is kept in a house for private viewing, the accused cant be charged for
obscenity.
So,the ban imposed by Indian government is legal according to article 15(3) and the offence is
punishable under section 354 of IPC.
10
PRAYER
In light of the facts stated, arguments advanced and authorities cited, the
Respondent, humbly prays before the Honorable Court, to be graciously pleased that:
1.The ban that is imposed is a reasonable intervention by the Government and it must be upheld.
Pranav Mundra
Counsel On Behalf Of Respondent
11