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The writ petition is being filed before under Article 32 of the Constitution of India in public interest to recognize the

harmful effects of Pornography. There is no particular category of law in India that deals specifically with
pornography .

pornography affects Peace of mind, health and wellness, happiness and human potential are at risk.

Absence internet laws encourage watching porn videos as it is not an offence. more than 20 Crores porn
Videos/ porn Clippings are freely available in Indian market , which have directly been downloaded
from Internet.The sexual content that kids are accessing today is far more graphic, violent, brutal,
deviant, anddestructive ,and has put entire society in danger so also safety threats to public order in
India.

Most of the offences committed against women/girls/children are fuelled by pornography. It is a


matter of serious concern that prepubescent children being raped. offenders mind are mostly fuelled by
pornography, as the sexual offender or rapists achieves his gratification, not from sexual release alone
but also from the thrill of domination , control and power. seeing brutal form of porn increases appetite
of consumers.

Pornography literature seeks to confirm that Sex is a commodity, which is being commercially
exploited as a result child abuse and sexual offences are encouraged.

Pornography is nothing but the commercial exploitation of sex which has ample power to distort the
basic structure of the community. Pornography is like moral cancer that is eating our entire society at
every second across country. It was also described as a trade more deadly than potassium cyanide.

In India watching porn is not offence , only its distribution, production and sharing of porn video and
its Clipping is an offence. This calls for immediate new exhaustive anti-pornography law to be made. The
Indian Penal code 1860, the Statute, only recognizes the offences of “Obscenity” “Kidnapping”,
“Abduction, and other related offences, which are not sufficient to tackle the issue of
Pornography,Videos/Porn Clippings. Which is major cause of Crime against Women/Girls/Children.

According to compiled numbers from respected news and research organizations, in the Year
2006-2007. Every second $3,075.64 is being spent on pornography. Every second 28,258 internet users
are viewing pornography. In that same second 372 internet users are typing adult search terms into
search engines. Every 39 minutes a new pornographic video is being
created.(http;//en.wikioedia.org/wili/internet_pornography_statistics.) and http;//internet-filter
review.toptenviews.com/internet-pornogrpahy statistics.html.)

The Information Technology Act,2000,is primarily meant to promote e-commerce. It is not very effective
in dealing with several emerging crimes like cyber, defamation, stalking and so on, These crimes are
associated crimes of pornography. Since inception the Act negligible cases have been registered so far
and furthermore conviction rate is nearly Nil. Which speaks itself that the said IT Act 2000.need to be
repealed as entire act is not practically viable and needs to be repealed.

Hon’ble High Court of Bombay, has given verdict that watching porn is no offence ,only its distribution,
production and its sharing isan offence. It build the confidence among young children,and students, that
it is legal to watch long porn videos/porn clippings through smartphones and laptops

Section 67 of the Act only penalizes publication of information which is obscene in electronic form but
is not effective in dealing with several emerging crimes like virtual pornagarphy, poser pornography,
cyber, defamation,stalking and so on, These crimes are associated crimes of pornography.

Amendment were made in the Information Technology(Amendment ) Act , 2008,wherein 67A was
introduced. Considering the fact that obscene materials that contain sexually explicit acts and conduct in
electronic form are more severe in nature therefore they warrant higher punishment, and Section 67B
which was inserted by way of amendment in 2008, attempts to deal with online child pornography, but
is quite ineffective to deal with virtual pornography and poser pornography, which are far more graphic,
violent, brutal, deviant, and destructive, wherein children are exploited, and has put the entire Indian
society in danger. Due to lack of proper legislation it is not possible to ban internet pornography.

The Delhi Gang Rape was committed with a paramedicalstudent, wherein a minor was also involved, as
the pornographic material is abundantly available cheaply in market through internet and porn videos.
which need to be banned by imposing a exhaustive anti pornographic law.

child pornography harms the children because it creates victims in the production.

Many activists and politicians have expressed concern over the easy availability of Internet Pornography,
especially to minors. A variety of attempts have been made to restrict children and their access to
internet pornography such as the 1996 Decency Act in the United States. Some companies use an Adult
Verification System (AVS) to deny access to pornography by minors.

There is a grim picture of Indian society ,where many males have been addicted of porn Videos/porn
clippings, Our youth has been watching porn without taking any trouble and poisoning their brain.
there is no specific internet legislation or special anti-porn legislation available in India.

Since the period of 2005-2006, the statistics have raised upto 100 folds ,and now every second 3 lakhs
people are watching pornography through internet or adult videos.One can imagine the horrified picture
availability of adult porn including child pornography in the country.

India (being the second largest populated country in the world) so the demand and market of
pornographic websites is rich in india. The Indian government is constrained to not banning the porn
contents from internet in Indian territory. Indian govt. is yielding billions of dollars/rupees through
contractual aspect from Internet service Providers and Telecom companies.

The only reason that could be understood for not banning the internet porn and adult videos would
be not to violet the constitutional rights of freedom of expression and speech under Article 19.

Pornography encourages the breach of constitutional law and constitutional duties enshrined in Article
51. Watching porn itself puts the country security in danger, encourages violent acts unacceptable
behavior in society, exploitation of children and lowers the dignity of women.
The Peace of mind, health and wellness, happiness and human potential are at risk, and there is a
plague worse than any we could imagine which is near if not at the heart of this, and that is
pornography. Most people know someone affected by this plague, the worst killer that has ever been
devised. Nothing can more efficiently destroy a person, fizzle their mind, evaporate their future,
eliminate their potential or destroy society like pornography. It is so terrible that many do not even
recognize it until it is too late, and most refuse to admit it. Pornography cannot be considered to be a
self regarding activity because it brings sex into public sphere. It commercializes sex. It depicts
subordination and exploitation of women and children, women and children are those segments of
Indian Society that need care and protection. It corrupts the minds of people by its low quality material
which also diverts them from more worthy self-enhancing occupation.

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