Kerala High Court Upholds Privacy Rights in Obscenity Case and Encourages Family Bonding
In a recent ruling, the Kerala High Court has made significant statements regarding privacy rights and parenting responsibilities. The court, presided over by Justice P V Kunhikrishnan, quashed an obscenity case under Section 292 of the Indian Penal Code against a 33-year-old man who had been caught watching pornographic videos on his mobile phone in 2016. The judgment, while addressing personal choices and privacy, also emphasized the importance of parents being mindful of their children’s digital exposure.
The ruling, which upheld an individual’s right to watch explicit content in private without sharing it publicly, marked a clear stance on personal freedom and privacy. The judge argued that such activities should not be criminalized, as they are matters of personal choice. Declaring such acts as offenses would intrude upon an individual’s privacy and interfere with their personal decisions. Importantly, the court clarified that no offense under Section 292 of the IPC is established if the accused merely views obscene content privately.
Furthermore, the court acknowledged the changing landscape brought about by the digital age. It pointed out that pornography has existed for centuries but has become more accessible due to the prevalence of smartphones and the internet. Despite this, the court made it clear that individuals should be allowed to make private choices regarding their consumption of such content, as long as they do not engage in its distribution or public exhibition.
In addition to addressing the legal aspect of the case, Justice Kunhikrishnan delivered an important message to parents. He cautioned against providing children with mobile phones equipped with internet access without proper supervision. The judge expressed concerns about the potential consequences of unsupervised access to explicit content, which is readily available on mobile devices.
Justice Kunhikrishnan urged parents to prioritize family bonding and responsible digital parenting. He encouraged parents to allow children to watch informative and age-appropriate content on their mobile devices under supervision, rather than handing over devices to make them happy while neglecting their duties.
The judge emphasized the importance of children engaging in physical activities like playing cricket, football, or other games during their leisure time. He underscored that such activities are essential for the physical and mental well-being of the younger generation, who represent the future of the nation.
In summary, the Kerala High Court’s ruling not only upheld an individual’s right to privacy but also underscored the need for responsible parenting in the digital age. It called upon parents to be vigilant about their children’s online activities, engage in family bonding, and promote healthy physical activities as part of their upbringing. Ultimately, the judgment aims to strike a balance between personal privacy and parental responsibility in today’s digital world.