The Pinnacle Court rejects plea advocating link between watching porn and sex crimes; says child sex abuse could be a crime by itself



Share on:

The Supreme Court on Monday failed to entertain a plea advocating a link between watching internet porn and sex crimes, including ill-usage.

A Bench of magistrate of India U.U. Lalit and S. Ravindra Bhat said child sex abuse may be a crime by itself. Investigation into individual cases by the police would reveal whether or not viewing of pornography had triggered the crime. That aspect would be a part of evidence of every individual case.

“Seeking a judicial declaration from the Supreme Court that porn on the web has led to child sex crimes would be adequate giving a go-ahead to online surveillance.”

The court said the govt, if necessary, has enough material in its arsenal to confirm that criminal material isn't uploaded on the net. it should be "unmanageable" for the court to try and do so.

"So your final goal is that such material shouldn't be uploaded… Can a court intervene? What you're advocating could also be surveillance and collection of data…" the Bench addressed senior advocate Nalin Kohli, who is that the petitioner-in-person.

The court made it clear that it absolutely was worried where such surveillance of the net, if allowed, "may lead to".

"This could be a tiger if it gets loose, problem is at what point we control it… the problem of the link between viewing pornography and crime is individual case specific," jurist Lalit observed.

Justice S. Ravindra Bhat, on the Bench, stated how the U.S. Supreme Court had within the 1990s forbidden a matter of banning the web to a specific class so as to not give them access to porn.

"Justice Kennedy said 'we cannot set the house alight to roast the pig'," Justice Bhat observed.

Mr. Kohli, who withdrew the petition, had sought a direction to the Bureau of Police Research and Development (BPRD) to review the link between free access to internet pornography and child sex offense cases likewise as rape.

The petition had also asked for data to be collected during a time-bound manner from State Police of cases which had disclosed a right away link between porn and sex crimes.