High Court In India Rules That Viewing, Downloading Child Porn Is Not A Crime - The Publica
High Court In India Rules That Viewing, Downloading Child Porn Is Not A Crime - The Publica
The Supreme Court of India is hearing arguments from child protection organizations after the Madras High Court ruled that downloading and watching child pornography is not a criminal offense. In January, the High Court dismissed charges against 28-year-old S. Harish, who was caught in possession of...
During Supreme Court proceedings, HS. Phoolka, who represented the child advocacy groups, noted that Harish had constantly watched the video over the course of two years.
In case anyone thinks the ruling is actually about "accidental" downloads
So let me get this straight. My county banned most of the popular porn sites because of the negative influence it can have on the populace but has such a poorly written and enforced law that people who possess and watch CSAM are deemed to be not breaking the law. What the actual fuck is going on here. This is a dangerous precedent being set here and I can only hope that supreme court overrules the case and holds the guy guilty.
The defendant claimed that the CSAM had auto-downloaded after he received it through the popular messaging app WhatsApp, which his attorneys maintained is not a criminal offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act.
...Which, okay, makes sense that you wouldn't be guilty. It would be like when people were airdropping shit a few years ago (is that still a thing?) and people were unwittingly getting pictures of someone else's penis. The didn't ask for or go looking for pictures of someone's penis, it was served to them without their intent or desire. The defendant's argument is that he didn't download these, they were sent to him and his phone automatically downloaded them. Is that true? IDK. But i it is true, then he didn't have criminal intent.
But moving along...
Rampant porn consumption has long been considered a major social problem in India, with multiple incidents occurring over the past few years involving sexual violence against women and girls motivated by pornography.
"Sexual violence [...] motivated by pornography". That is... Not a thing. Porn doesn't make people commit violent crimes. If anything, porn availability and consumption appears to decrease sexual assaults.
In one of the most shocking cases from 2021, a 6-year-old was beaten to death after refusing to replicate sex acts with a group of boys who were addicted to porn.
Porn addiction is also not a thing. Outside of religious and moral crusaders, you won't hear the phrase. Psychologists that specialize in human sexuality do not refer to porn addiction. When you look at the background of the people talking about porn "addiction" in the US, it always goes back to religion and morality, not clinical research.
I mean…
looks at sexual assault rates in india
…yep, par for the course. Guess which country will be uninhabitable by 2040-2050s too.
Don’t need to be a racist about it, but just know that problem will not just go away and will require robust infrastructure and strong mental health care to handle properly.
India has been taken over by backwards-ass right wing religious fundamentalists.
India "became the world leader in internet blackouts", straight up government control. https://www.theguardian.com/world/2023/sep/25/a-tool-of-political-control-how-india-became-the-world-leader-in-internet-blackouts?
Horrific violence covered up in Manipur on the minority christian community. The country is sliding into some barbaric behavior. https://www.wired.com/story/internet-shutdown-manipur-burning-in-the-dark/
Since May 4, the Indian government has shut off the internet in Manipur, giving cover to murders, rapes, and arson.
Madras High Court Judge N. Anand Venkatesh also noted that it was “done in privacy without affecting or influencing anyone else.”
ummm, how about the child sexual abuse victim? bad enough the misogyny and oppression of women's rights that comes with right wing religion everywhere, RSS/BJP certainly playing their part. the child dude, think of the child.
The Supreme Court of India’s debate on child pornography’s potential semi-legalization comes amid an ongoing debate in the nation regarding the criminal status of marital rape. According to Supreme Court Observer, a decision is currently pending to determine if marital rape will be made legal in the country, as it is currently not considered a crime in situations where the raped “wife” is not a minor.
Yeah, no. Fuck this country and every single person who stands by this shit.
Every day I learn something new about contemporary India, I turn a little more dissapointed.
Won't somebody think of the powerful?
/s
And just like that, India got a bunch of shady business/tourism. I doubt it was an accidental or unintentional decision.
weird how fascists consistently do this shit. Or maybe its not given how often they like to exert power over people who they see as lessers.
Well, that's disappointing...
India superpower 2020
Seriously India?
Okay so they've now tacked on the laundry list of tech scamming, internet censoring, kiddie fiddling pieces of shit. Got it.
Wow.....I have no words
Maybe some of the worst kinds of sex offenders in America will see this article and move to India. I feel bad for people who accidentally click on something bad, but I have no pity for people who go looking for those types of images and whatnot, online. As far as I’m concerned, some foreign country, like India, can have them.
Nonces on the high court.
there's like a 98% chance that that judges hard drive definitely has some sick stuff on it
oh dear, i guess they didn't get the memo...