As societies emerge and expand into metropolitan cities and towns, contemporary laws administrating cyber crime as well as brutalising and gruelling the engrossing of pornographic, explicit content have been emerged in the due course of time. However, it has been recognized that even after prohibiting the utilization of such explicit content, pornographic content is still utilized by the subjects of the state by using ameliorations such as Virtual Private Network (VPN) which is an accessory aiding to camouflage a person’s identity in the World Wide Web. However, the usage of such accessories for the consumption of pornographic content is prohibited and criminalized by the sanctions of the state.

On the World Wide Web, there is a colossal amount of traffic administering online and utilizing prohibited pornographic content by discrete illicit and restricted mechanism. The significance of community consuming illicit content is perceiving a day-to-day increment. 

Increment in Consumption of Illicit Content

According to a survey done in the year of 2006, more than 80% Norwegians consumed restricted and illicit content online. And, it has been approximated that more than 90% of teens have seasoned peer burden to witness pornographic content. A study acknowledges that at least 30,000 subjects contemporarily are consuming pornographic content each second. More than 3 thousand dollars are spent every second on pornographic content. A surprising fact involving these statistics is that more than 70% of teens hide their online activity from their parents.

However, more importantly, Rape is a crime which is punishable by the Indian Penal Code, 1860. Most of the pornographic and restricted videos involve teenagers and the consent given by any such similar person who is a juvenile, and thus the consent stands convalescent and the sexual intercourse would be enumerated as the heinous crime of rape. Pornographic content, involving consent of most of the teenagers, contemporarily and clandestinely have been committing the crime of rape and also a crime criminalized by the Information Technology Act, 2000.

Overview of Rape as an Offence

Rape, being a heinous offence, is defined and criminalized under the Indian Penal Code, 1860. The fundamental aspect of rape being no consent in the sexual intercourse is the essence of the particular provision. However, it was hereby held that the consent given by a minor stand invalid and void for the sexual intercourse to materialize. The reason provided that their maturity is not developed to the breadth and intensity of understanding the activity and consequences of sexual intercourse.

It has been clearly established that rape is a heinous crime against the decorum and prestige of a women and consent being an essential element in the offence of rape is highlighted. There have been numerous precedents discussing the applicability of rape and punishing the same. One of the most heinous was committed in the year of 2012, it is also known as Delhi Gang Rape and Murder Case. This case proved to be a nefarious one and it shook the National Capital Territory as well as India. There were ongoing protests against the accused in the case, which proved to be harsh and radical for Delhi and also involved the mother of the victim.

In the case of Chairman, Railway Board vs Chandrima Das, an appeal was filed before the Hon’ble Court resulting out of the commission of the heinous crime of rape with a woman travelling at the Howrah Station. A woman, being of easy virtue, was recognized as a defence by the Hon’ble High Court, and the accused was wrongly acquitted by hampering the aim of justice. However, this decision was later overruled in the case of State (NCT Of Delhi) v. Pankaj Chaudhary.

Another landmark case was that of Tukaram vs State of Maharashtra which involved the commission of rape tangling a teenager. In the case of State of Punjab vs Gurmit Singh & Ors, it was held that where a woman is a prostitute or sex worker, and she is subjected to the heinous crime of rape, the defence of women being of easy virtue cannot be taken. 

It has been righteously said by Alexander Pope “To err is to human; to forgive divine” the judiciary, while adjudicating the matters has hampered the perception and notion of justice numerous times. However, it is believed that steps are being taken to ensure that such behavior is not promoted in the due course of future.

Rape Culture in Pornography

With an increment and inflation in the amount of population operating on the World Wide Web, the amount of traffic that gets entertained and amused towards pornographic and illicit content indeed is also expanding and accumulating as the time continues. The fact which is anonymous to most of the illicit content consumers, is the amount of confidential and unpublicized rape which is circumstantial while filming pornographic content. In the past, a website had also been explicitly alleged of earning from undue advantage of rape and sexual abuse videos. The petition had been filed by an organization commonly called Exodus Cry, based and operating in the United States of America, deliberating upon the website earning from a criminal offence. 

This issue has been one of the major ones which went unaddressed and ignored by even the branches governing Cyber Crimes throughout the World Wide Web. However, the State is bound to take all evaluations to ensure the plethora of crimes amongst its subjects is curbed and suppressed. Apparently, this has been one of the areas where the State has deplorably flopped and created a blunder, even overlooking the fact that subjects involved in filming of illicit contents are also subjected to basic human and fundamental rights. 

A mere classification, between those acting in illicit films and the others, stands arbitrary. The state has the burden and obligation to take all fundamental steps to establish and safeguard that the rights of each and every individual before it is sheltered. However, signing of contacts without free consent, and other dominant crimes like rape and sexual abuse continue to be familiar and frequent in the Porn Industry.

There has also been a considerate and significant amount of increment in the Human and Sex Trafficking to ensure the rise in demands of women are met. It has been demonstrated that the amount of videos operating online, including an increment of viewers watching these videos would create a void in the amount of actors and actresses, which would indeed lead to Human Trafficking. Therefore, the amount of increment in chunk of viewers watching illicit videos is directly proportional to the concept of Human Trafficking.

Conclusion

The state has the lone responsibility to ensure that the rights of the subjects before it is maintained and taken due responsibility of. The Porn Industry has continued to commit atrocious, large-scale and eventful crimes with its subjects, which a plethora of people have taken expected cognizance of now. 

However, this is just the dawn to the new beginning occasioned by consent to be recognized as an important fundamental aspect of entering into the Porn Industry, a reduction in the amount of Human Trafficking despite of lowering of the population of women amongst men, and also a contraction in the amount of rape being committed disguised as White Collar Crimes by reputed and deemed organizations in the specific industry.

And, in most cases it is recognized, which is hidden to the person consuming such content, that aforesaid consent given by parties signing a contract to be filmed are made not by a free will, indeed are subjected to the act of undue influence. However, the obstacle is yet to be thoroughly analysed and pinpointed by the State, and taken due cognizance of. But it is believed that appropriate measures need to be taken to safeguard the rights of parties to the contract of pornographic content.

The state shall also take appropriate measures to ensure their basic and fundamental rights are not being violated and they are not subjected to the abominable crime of rape, and committing sexual intercourse out of forcedness and on involuntary basis.

About the author

Anshit Minocha, a law student pursuing his degree from the University of Petroleum and Energy Studies, Dehradun. Enthusiast in playing the guitar, working out in the gymnasium, and with an interest to grasp and develop research skills. He is a person who is constantly working on numerous blogs and research papers on present-day related topics. He represented his school in many basketball competitions. He is immensely focused on conveying his thoughts on debating and MUN Platforms. He has over numerous publications and is tremendously enthusiastic in gaining more of any such reputed publications. Over time, he has acquired the strength of being an efficient and effective worker, and one weakness he has is working exceedingly hard and not allotting time to himself, although he is focused on reorganizing this weakness into a strength.

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