In a significant ruling related to the consumption of pornographic content, the Kerala High Court has declared that watching pornographic photos or videos in one’s private time and space, without involving anyone else, cannot be considered an offense under the law. The court emphasized the importance of personal choice and privacy rights in its decision, stating that deeming such actions offensive would constitute an intrusion into an individual’s privacy.

This landmark ruling came in response to a case of obscenity against a 33-year-old man who had been caught by the police watching pornographic videos on his mobile phone near the Aluva palace in 2016. Justice P V Kunhikrishnan, who presided over the case, quashed the FIR and previous court proceedings against the accused, asserting that he had not violated any laws.

The court also acknowledged the historical prevalence of pornography and related content, emphasizing that the digital age has made it more accessible, even to children. Justice Kunhikrishnan posed a crucial question: “Is it an offense for a person to privately watch a porn video without exhibiting it to others?” The court’s response was clear: “A court of law cannot declare this as an offense because it is a matter of private choice, and interference with it constitutes an intrusion into an individual’s privacy.”

Furthermore, the court stressed that there was no allegation that the accused had publicly exhibited the video. Justice Kunhikrishnan stated, “Watching an obscene photo or video in one’s privacy is not an offense under Section 292 (obscenity) of IPC. Similarly, watching an obscene video from a mobile phone in privacy is also not an offense under Section 292 IPC.”

The court clarified that action could be initiated if the accused attempted to circulate, distribute, or publicly exhibit obscene videos or photos, but this was not the case with the accused in question.

While delivering the judgment, Justice Kunhikrishnan issued a warning to parents about providing mobile phones with internet access to children for the sake of convenience. He urged parents to be aware of the potential dangers and recommended that children watch informative news and videos from their parents’ mobile phones under supervision.

The judge also expressed concern about the impact of minors accessing pornographic content, noting that such material is easily available on their phones. He emphasized the importance of children engaging in physical activities and enjoying their leisure time with sports and games, contributing to their overall well-being.

In a final piece of advice, Justice Kunhikrishnan encouraged parents to prioritize home-cooked meals over food delivery services like Swiggy and Zomato, allowing children to savor the delicious food prepared by their mothers. He also advocated for children to play at playgrounds, returning home to the comforting aroma of their mother’s cooking.

This ruling by the Kerala High Court has ignited discussions about personal freedom, privacy, and the responsibility of parents in safeguarding their children from explicit content. It underscores the need for a balance between personal choices and societal concerns, especially in the digital age.