RIGHT TO PORNOGRAPHY IN INDIA: RESOLVING THE CONFLICT BETWEEN INDIVIDUAL LIBERTY AND PUBLIC MORALITY

Sex is a controversial subject in the social fabric of India, often being linked to immoral and prurient values. The current laws criminalize selling, distributing and publicly displaying obscene or pornographic material. The primary concern underlying this is safeguarding of public morality and decency. But such laws lead to the violation of individual liberty and moral independence of a person who wishes to enjoy pornography as his right to view, read or enjoy pornography (that could be read into his Freedom of speech and expression, and/or the right to privacy under the Indian Constitution) is curtailed. This article tries to ascertain if there are certain identifiable standards of obscenity which could be applied to an analysis of a right to pornography. Substantively, however, this article undertakes an exercise in achieving a balance between arguments of public morality and individual liberty and to also addresses the larger question of whether legalization of pornography is a viable option in the present Indian society.

Keywords: Artificial Intelligence, law enforcement, criminal justice, prediction algorithm, accuracy etc.