Our Unchained Sexual Selves: The Case for the Liberty to Enjoy Pornography Privately

Our Unchained Sexual Selves: The Case for the Liberty to Enjoy Pornography Privately

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Volume 7 Issue 2 ()

The article provides a response to the writ petition pending before the Supreme Court in Kamlesh Vaswani v. Union of India, which seeks to ban pornography in its entirety. A problematic part of the petition is its prayer to criminalise private consumption of pornography as well as the prayer seeking that intermediaries ban pornography. Systematically critiquing the arguments presented in the petition, the author points out that most claims made in the petition are speculative and uncorroborated. More importantly, any paternalistic State intervention, based on the petition, would lead to the curtailment of constitutionally guaranteed liberties and freedoms of citizens. Presenting socio-legal arguments based on the larger contours of liberal constitutional theory, the author argues that the privacy and free speech provisions in the Constitution of India are broad enough to protect private viewership of pornography.

Cite as: Geetha Hariharan, Our Unchained Sexual Selves: The Case for the Liberty to Enjoy Pornography Privately, 7 NUJS L. Rev. 89 (2014)

Disclaimer: All articles of Issue 7 (2) of the NUJS Law Review will be released online once the print copy is out