"Any violation of a woman's body can become sex for men; this is the
essential truth of pornography." --
Andrea Dworkin
Abstract
The term "pornography" refers to visual media, such as photographs or videos,
that depict sexual activity involving two or more individuals. Sexual violence
refers to the act of subjecting an individual to non-consensual sexual activity
or forcefully engaging them in sexual abuse.
During the 1950s, the introduction
of pornography began to emerge. Approximately two decades later, video cassettes
were developed, and it is noteworthy that nearly 75% of the cassettes sold
during that time were pornographic in nature.[1] Any videos that are uploaded
online without the explicit consent of the individuals involved may be
considered non-consensual and potentially depict acts of sexual assault.
However, numerous studies have indicated and provided evidence to support the
notion that a significant portion of pornography content can be classified as a
manifestation of sexual violence towards women.
Furthermore, the methods employed in these acts of sexual violence have become
increasingly brutal and devoid of basic human decency. This could also be
attributed to the explicit portrayal of sexual activity in pornographic content,
which often includes elements of force, objectification, and the demeaning of
women.[2] Exposure to such content, without the necessary context of
comprehensive sex education, may contribute to the normalization of these
behaviors in the minds of individuals who consume it. The protection of women's
rights is of utmost importance, and it is crucial to address sexual violence as
a direct violation of these rights.
Research Problem
The profession of pornography exists, but it is limited to individuals who
willingly and voluntarily engage in this industry. However, the study has
confirmed that not all individuals employed in this particular sector are
engaging in their work voluntarily. Rather, they may be compelled by factors
such as coercion, undue influence, economic necessity, unemployment, or
involvement in trafficking. The efficacy of laws aimed at monitoring forcibly
obtained pornographic content warrants critical analysis.
The researcher has
endeavored to examine the correlation between the consumption of pornography
that portrays women in a demeaning and subordinate manner during sexual
activities and the rising incidence of rape in India. Additionally, the
researcher has identified a legal gap in addressing this issue, explored the
adverse effects of pornography on mental health, and investigated the influence
of sex education on an individual's personality.
The research aims to examine and address the following inquiries:
- Is there a correlation between individuals who consume pornography that portrays women in a demeaning and subordinate manner during sexual encounters and the rising incidence of rape cases in India?
- Is the act of forced pornography, which can be considered a form of rape, subject to legal consequences in a court of law?
- Is there a detrimental effect on mental health associated with the heightened consumption of pornography?
- Would the implementation of comprehensive and structured sex education, provided by parents themselves, who are considered the safest source of knowledge, be beneficial in mitigating instances of sexual violence?
Research Methodology
The present paper aimed to facilitate a comprehensive analysis of the chosen
topic, enabling the development of appropriate solutions and explanations.
Additionally, it sought to enhance the comprehension and provide a more lucid
depiction of pornography as a manifestation of sexual expression. Extensive
scholarly investigation has been undertaken in the realm of violence and
doctrinal research.
The research methodology employed in this study will involve
the utilisation, comprehension, and examination of scholarly articles, academic
journals, legal judgements, reputable websites, and authoritative books.
The
selected doctrinal sources have acquired information through conducting
interviews with a sample of 100 survivors who have personally experienced sexual
violence at the rape crisis center. The data collected from the interview
indicates a correlation between pornography and instances of sexual violence
perpetrated against women. Despite the fact that the research is based on
doctrinal principles, it is possible to confirm the presence of suitable and
sufficient information.
The data collected is derived from scholarly sources, including books, articles,
and journals that have utilized primary sources. Some data and statistics have
been obtained from articles that have directly sourced information from
individuals who are considered original sources. However, a potential limitation
of this research paper is the absence of primary sources. The data and
information gathered do not incorporate interviews, question-answer sessions, or
personal narratives from individuals who have directly experienced the trauma
and negative consequences associated with pornography.
Research Objectives:
- To investigate the potential correlation between the consumption of
sexually explicit content that portrays women in a demeaning and subordinate
manner and the observed rise in incidents of sexual assault in India.
- The objective of this study is to assess the potential adverse effects
on mental health resulting from the heightened consumption of pornography.
In order to evaluate the potential impact of comprehensive sex education on the
reduction of sexual violence, it is necessary to conduct a systematic analysis.
Introduction
In recent times, there has been a notable surge in the incidence of rape within
our country. Furthermore, the manner in which these acts of sexual violence are
perpetrated has become increasingly savage and devoid of basic human decency.
This may also be attributed to the manner in which sexual activity is depicted
in pornographic material, including the portrayal of force, the incorporation of
objects, and the establishment of power dynamics.
In addition to perpetuating
the degradation of women, such content has the potential to contribute to the
normalization of these behaviors among individuals who consume it, particularly
in the absence of comprehensive sexual education. The protection of women's
rights is imperative, and sexual violence constitutes a clear violation of these
rights.
India is positioned in the third place among nations with the highest rates of
pornography consumption and holds the fourth position in terms of countries with
the highest incidence of rape crimes. The physical, emotional, and reproductive
health of women can be impacted by sexual assault, both in the short-term and
long-term. Sexual harassment is widely recognized as a substantial public health
concern. The World Health Organization (WHO) categorizes various behaviors as
sexual violence, irrespective of the perpetrator's relationship to the victim or
the setting in which it occurs.[3]
These behaviors encompass any sexual act, any
attempt to solicit a sexual act, any unwelcome sexual comments or advances, any
acts related to trafficking, or any other actions that exploit a person's
sexuality through coercion. It is important to note that this definition
encompasses a wide range of situations, including but not limited to the home
and workplace. Approximately 88% of pornographic scenes incorporate instances of
physical violence, while 48% involve instances of verbal violence.
Furthermore,
it is observed that women constitute approximately 94% of the target audience
for such content. In addition, the male characters are depicted as possessing
dominant traits, while the female characters are portrayed as submissive and
obedient. The disparity in power or unequal power is readily apparent. This
perspective demonstrates the belief in male dominance and female subordination,
which subsequently contributed to instances of sexual misconduct targeting
women.
I. The correlation between individuals engaging in pornography consumption and
the escalating incidence of rape cases in India.
A comprehensive examination of 304 sequences extracted from highly popular
pornographic videos in the year 2010 unveiled that a majority of the scenes,
exceeding 50%, depicted instances of verbal aggression, predominantly manifested
through the use of derogatory language. Furthermore, an overwhelming proportion
of approximately 90% of the situations portrayed in these videos involved
physical aggression.
The predominant recipients of these aggressive behaviors
were females, and their responses to the aggression ranged from neutral to
pleasurable. While certain studies have found that over 90% of pornography
portrays violence, other researchers have estimated a lower percentage of 2%.
There is a lack of consensus among individuals regarding the definition of
violent content, which is a disconcerting observation pertaining to the
prevalence of violence within pornography.
There exists a strong and conclusive
correlation between the consumption of pornography and the perpetration of
violence against women. According to a report published by the Statista Research
Department on October 13, 2022, the number of reported cases of rape against
women in India in the year 2021 was 31,000.[4] There are several cases in our
country that go unreported for various reasons.
According to a statistical
report provided by the research department of Statista, the number of reported
rape cases in India was 18,359 in 2005. Over time, there has been a gradual
increase in these cases, with the number rising to 38,947 in 2016. This increase
can be attributed to the significant growth in the consumption of pornography.
The observed rise in incidents of sexual assault suggests a potential
correlation between the addiction to pornography and the surge in sexual
offences within the nation.
Approximately 33% or 90% of pornographic videos depict instances of sexual
violence or aggression.[5]
According to existing research, there is evidence to suggest that storylines
containing sexually violent content have the potential to shape the perspectives
and actions of consumers, leading to adverse effects on their mental well-being
and behavior8.
A research team conducted an analysis on a substantial number of widely viewed
pornographic scenes, revealing that a significant proportion, specifically
88.2%, depicted instances of physical violence or aggression. Additionally,
approximately 48.7% of these scenes portrayed verbal expressions of anger. Based
on an additional research investigation, it was determined that approximately
25% of the videos analyzed on Porn hub exhibited verbal aggressiveness.
Furthermore, nearly 40% of these videos depicted visible aggression or violence.
Additionally, the study revealed that 35.0% of the videos on XVideos and 45.1%
of the videos on Porn hub contained elements of violence or aggressiveness.
According to the findings of each of these studies, it was predominantly women
who were identified as the victims.
When individuals are exposed to such content, it is possible that some may
develop the perception that such behavior is prevalent and socially acceptable.
As a result, they may be inclined to engage in similar behavior themselves.[6]
Multiple studies have demonstrated that individuals who watch pornographic
content are more likely to objectify and dehumanize others, express the desire
to rape, blame the victim of a sexual assault, support sexual violence, send
unsolicited sexts, commit sexual assault themselves, and be less likely to stop
any type of sexual offence.[7]
In 2016, a group of distinguished academicians conducted a meta-analysis of
credible studies examining the relationship between erotica and sexual violence.
Reviewing relevant literature on the topic, they concluded that "there is little
doubt that, on average, those who consume pornography more frequently are more
likely to hold attitudes favorable to sexual aggression and engage in actual
acts of sexual aggression." In addition, research indicates that viewing more
erotica is associated with objectionable, unusual, or aggressive sexual
behavior.[8]
A significant portion of the porn watched by millions of people every day
reinforces the message that sexual violence is a normal component of what "good
sex" is supposed to be, making it more difficult for many young people to
prepare for healthy sexual relationships in which their consent and boundaries
are respected. It's crucial that we begin to comprehend how pornographic
contributes to the normalization of sexual violence as society struggles to
address rape culture and its supporting factors.
Child pornography is another
aspect of the same issue that must be addressed if the sexual abuse problem in
the porn industry is to be understood clearly. Between 2017 and 2018, the number
of confirmed allegations of photographs depicting child sexual assault increased
by 35%, and that's just what has been confirmed. Child erotica is one of the
fastest-growing online industries.
There is an inextricable connection between
the objectification in pornography and the objectification that almost always
precedes sexual assault. Considering what we know about neural pathways and the
need for constant stimulation, it is logical to assume that porn concentrating
on "barely legal" women soon takes a sinister turn after the consumer has become
desensitized, resulting in an increase in the desire for child pornography. The
United States generates 55% of the world's juvenile pornography.
According to the National Centre for Missing & Exploited Children's (NCMEC)
research, 43 percent of child pornography is created by a parent, neighbor, or
family acquaintance. This indicates that those who reside nearest to you pose
the greatest threat to the protection of your infant. In a study that was
published in the Journal of Family Violence, it was determined that none of the
males convicted of offences related to child pornography had ever requested
child porn.
When pornographic material has been obtained by force, against the person's
will, or without his or her assent, legal recourse is available. stipulations
regarding the transmission of media containing a person's intimate areas without
his or her consent. This offence is punishable by imprisonment for three years
or a fine of not more than two lakh rupees, or both.[9]
Ⅱ. Sex education has been proposed as a potential remedy for the issue of
violence perpetrated against women in relation to pornography.
Scientific evidence supports the notion that an individual's personality is
predominantly influenced by various factors, including the environment,
educational instruction, school climate, parental engagement, and personal
experiences encountered during childhood. Ensuring that a child receives
comprehensive sex education is of utmost importance, primarily through parental
guidance and/or formal instruction provided by educational institutions.
Sex
education encompasses the acquisition of information pertaining to the
fundamental aspects of sex, sexuality, its purpose, and the associated
challenges. Its primary objective is to equip individuals, particularly
adolescents, with the necessary knowledge to make informed and responsible
decisions concerning relationships, sexuality, and their overall emotional and
physical well-being upon reaching maturity.
The choices and decisions made by individuals are influenced by various
situational factors and their acquired knowledge. Consequently, it is crucial to
ensure that individuals receive a comprehensive education, including sex
education. Insufficient provision of comprehensive sexual education may result
in individuals acquiring inaccurate information from sources such as films,
pornography, and online platforms.
The dissemination of inaccurate information,
particularly as a result of the widespread consumption of pornography in recent
years, has had a significantly adverse impact on the overall health and
well-being of individuals worldwide.
According to data compiled by the World Bank, European nations have adopted a
progressive stance towards sexual education, resulting in a reduction in
instances of adolescent pregnancy and sexual offences. The educators instruct
students on the normalcy, healthiness, and positivity of sexual activity.
Sweden, Denmark, Belgium, and the Netherlands have implemented effective sex
education programs, as evidenced by the lower incidence of sex-related issues
such as rape and teenage pregnancy. On the contrary, there exists a perspective
that advocates for a repressive, abstinence-only approach to sex education.
This
particular curriculum inhibits students from acquiring knowledge about various
facets of sexuality, including sexual offences, sexually transmitted diseases,
and pregnancy. In this context, the observable outcome of providing
comprehensive sexual education is evident.
The elimination of adolescents' misconceptions regarding pornography and its
negative consequences can be achieved through the promotion of comprehensive sex
education within educational institutions such as schools and colleges.
Furthermore, it is recommended that individuals of school-age and adolescence
undergo screening for Internet addiction, as this condition has been identified
as a potential precursor to the development of pornography addiction. It is
imperative to foster public awareness regarding the detrimental impacts of cyber
pornography on individuals and society as a whole.
Individuals who exhibit
addiction to pornography should be referred to a specialized treatment facility,
where they can receive counselling or therapy tailored to their specific signs
and symptoms of addiction, as assessed by a qualified mental health
practitioner.
Furthermore, the implementation of specialized treatment programs targeting
individuals with pornographic addiction has the potential to offer significant
assistance. Support groups can be highly beneficial, as individuals may derive
significant strength from participating in them.
It is imperative to ensure the enactment of the Legal Information Technology
(IT) Act, which would serve to prohibit the advertisement of explicit materials
on websites. This measure is particularly important in light of the fact that
children now have direct access to such content, which may not be suitable for
their viewing. Additionally, it is crucial to closely monitor the pornographic
sector in order to minimize children's exposure to explicit material.
The
Children and Social Work Act of 2017, implemented in England and Wales,
stipulated the inclusion of relationship and sexual education in the curriculum
of all schools. This education encompasses topics related to both physical and
digital safety or literacy. The implementation of this requirement is scheduled
to commence in September 2020. This intervention has the potential to enhance
teenagers' perception and perspective when encountering their initial sexual
experiences.
The Legal Framework In India
Engaging in sexually explicit and pornographic content that is deemed obscene
and has the potential to morally corrupt individuals is subject to legal
consequences. The aforementioned actions may be subject to legal penalties as
prescribed by the aforementioned laws.
- · The provisions outlined in Section 292 and 293 of the Indian Penal Code, 1860, pertain to specific aspects of the aforementioned legal code.
- · The Information Technology Act of 2000 is a significant legislation in the field of information technology.
- · The subject of discussion is the Protection of Children from Sexual Offences Act of 2012.
- · The Women's Indecent Representation Act of 1986.
The aforementioned laws lack a specific definition of pornography or obscenity,
leading to confusion and ambiguity in determining whether certain activities are
classified as illegal or not.
According to the Information Technology Act of 2000, specifically Section 66E,
it is stated that the act of transmitting photographs depicting the private
parts of an individual is prohibited. Engaging in an act without the consent or
permission of the individual involved is subject to legal consequences,
including a potential prison sentence of up to three years or a fine of up to
two lakhs.
In the notable legal matter of
Justice K. S. Puttaswamy (Retd.) and Anr. v.
Union of India and Ors (2018),[10] the court determined that the act of
disseminating or transmitting any material that infringes upon an individual's
privacy rights is deemed to be a contravention of Article 21 of the Constitution
of India.[11]
Section 67 pertains to the publication or transmission of obscene content. A
first conviction under this section carries a maximum penalty of 3 years of
imprisonment and a fine of 5 lakhs. Subsequent offences of the same nature are
subject to a more severe punishment, with a maximum sentence of 5 years of
imprisonment and a fine of 10 lakhs.[12]
According to Section 67 A, the act of disseminating any form of sexually
explicit content is subject to legal consequences, including a potential prison
sentence of five years and a fine of up to 10 lakhs.[13]
According to Sections 292 and 293 of the Indian Penal Code, 1860, it is deemed
unlawful to engage in the sale, distribution, or circulation of materials that
are considered obscene. Any individual who engages in the sale, rental,
distribution, public display, or any other means of making available to the
public, or possesses with the intent to sell, rent, distribute, publicly
display, or make available to the public, an obscene book, pamphlet, paper,
drawing, painting, representation, figure, or any other object deemed obscene.
According to Section 293, the act of selling an obscene object to an individual
who is under the age of 20 is subject to punishment.[14]
The subject of discussion is the Protection of Children from Sexual Offences Act
of 2012. Chapter III of the Protection of Children from Sexual Offences (POCSO)
Act pertains to the exploitation of children for the production and
dissemination of pornographic material. This offence is punishable under Section
14(1) of the Act, which stipulates a maximum penalty of five years of
imprisonment.[15]
Conclusion
Individuals of all genders possess a desire for equitable sexual experiences and
exhibit inherent attractions towards one another. The primary determinant of
reproductive health remains to be sexual desire. The sexual behavior of
individuals is shaped by a multitude of factors, including but not limited to
gender, knowledge and attitudes, social environment, and religious beliefs.
Nevertheless, the global dissemination of pornography has become widespread,
facilitated by the widespread accessibility of the Internet. This accessibility
has, in turn, facilitated the promotion of explicit sexual activities as well as
the dissemination of sexual health education.
The potential influence of cyber pornography on crimes and offences targeting
women, as well as instances of sexual harassment perpetrated by men, is evident.
However, within the context of a particular nation and its cultural norms,
effective strategies for mitigating these offences involve the dissemination of
public awareness, the provision of age-appropriate sex education, fostering
social cohesion, and establishing a robust judicial framework. These measures
would significantly contribute to addressing the issue at hand.
In conclusion, the current state of affairs, wherein instances of sexual
violence occur within the realm of pornography, is undeniably exerting a
detrimental influence on society. Given the substantial viewership of online
pornography, including individuals under the age of 18, it is evident that the
current regulations pertaining to this matter are lacking in stringency.
Consequently, virtually anyone is able to access such explicit videos and images
without significant restrictions. This phenomenon has a significant impact on
the conduct of adolescent males, influencing their body language, attitude, and
perception of women and girls.
The prevalence of videos depicting the use of
bondage or aggressive body language towards women during sexual encounters has
led viewers, particularly the younger generation, to perceive such acts as
entertaining and socially acceptable.
The following suggestions can be observed in relation to this matter: There is a
need for the implementation of more robust and rigorous regulations pertaining
to the accessibility of pornographic material. This is crucial in order to
mitigate any potential adverse effects on children, ensuring that their behavior
remains unaffected by exposure to such content from an early stage of
development.
It is imperative for educational institutions and parents to
provide comprehensive sex education to children, as they bear the responsibility
of imparting knowledge and guidance to ensure their moral development and
prevent the occurrence of heinous crimes in their adulthood. Furthermore, it is
crucial to raise public awareness regarding this matter.
Bibliography
- The Indian Penal Code, 1860
- The Protection of Children from Sexual Offences Act, 2012
- The Information and Technology Act, 2000
- "Porn and Sexual Violence: A Relationship with Consequences"
- "The Language of Violence in a new context: Pornography and Cyberspace"
- "Pornography and Sexual Violence against women in India: A Scoping
Review"
- "Exploring the Connection between pornography and sexual violence"
End-Notes:
- Westheimer, R. Human Sexuality: "A Psychosocial Perspective". 2nd ed. Baltimore: Lippincott Williams & Wilkins; 2005: 719–723
- Griffiths, M. "Why isn't sex addiction in the DSM-5. Addiction Experts Blog. March 2015
- Violence Against Women, Available Online at:
- Statista, Available online at:
- Does Porn Use Lead to Sexual Violence? Available at: https://www.psychologytoday.com/us/blog/talking-apes/202104/does-porn-use-lead-sexual-violence
- Exploring the Connection Between Pornography and Sexual Violence, Available at:
- A Review of Internet Pornography Use Research: Methodology and Content from Past 10 Years, Available at:
- Study Shows 88% of Popular Porn Videos contain Violence, Available Online at:
- Explained: The Laws related to Pornography in India, Available at:
- K.S. Puttaswamy vs Union of India, AIR 2017 SC 4161.
- The Constitution of India, 1950, art.21.
- The Information and Technology Act, 2000, s.67.
- The Information and Technology Act, 2000, s.67a.
- The Indian Penal Code, 1860, s.293.
- The Protection of Children from sexual Offences Act, 2012, s.14.
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