Why the CJI is wrong about Porn

The Chief justice is pro banning porn, but is India better off legalizing porn? Or is it eyes wide shut?

Before we get carried away with the “not in our culture” card, we should have a standard definition of culture, a task best not attempted in this post. But yes, one can glean about the nature of culture from what Devdutt Pattanaik has to say in this landmark TED video.

For starters, culture is an evolutionary term. Driving cars was never in our culture. As far as I know, only the kings, maharajas and the princely traders had chariots. And hey, they had courtesans too: Talk about live shows!

The fact of the matter is that our culture dates back to an era where the technology to capture images simply didn’t exist. No wonder photos and videos of naked men and women aren’t a part of our culture. But wait a minute, we do have ancient illustrations of people engaging in sexual positions. After all, we are the land of the Kamasutra. Quite a few of them illustrations are graphic and go on to detail things to level of interaction of organs. There are paintings more explicit than this, but this one makes the example. If porn it isn’t, I bet it comes pretty close for an era devoid of photographs and video.

As far as banning websites go, it will be difficult. The restrictions can be bypassed using free tools, or maybe a few dollars if things get tighter. The government will be much better off shutting down red-light districts instead. Or maybe the Honourable Chief Justice should devote more time and resources on legal cases that have been pending since decades in legal system.

While we are there, let us for a moment consider prostitution. Given an alternative where a sex-worker the same sustenance, I see no reason for an individual to subject his/her body to abuse. But can the consumer’s mind be stopped from such depravity?

I’d be surprised if a cop didn’t know of the local red-light area. But given our government’s political will, stopping prostitution is impossible. That is why experts, including the Supreme Court, which the CJI heads, suggests legalizing prostitution, as it can’t be stopped. Why then this dichotomy with porn?

If India does indeed ban pornographic websites, there will be good chances of a Streisand Effect. Just like prostitution, the gray-market will flourish. And only god knows what nefarious activities the unaccounted money will be used for.

Well, but should porn be legal? Why shouldn’t it? It will be taking off just a few inches of clothing from the images that are already being published by the mainstream media. In fact, if porn isn’t legalized soon, it will continue to trickle through our films, newspapers, TV channels and advertising - affecting minds under nubile age.

For a country like India where prostitution is illegal, one may get some outlet of exploring and experiencing sexuality. Pictures of naked men and women are much better than STDs and the injustice that society dishes to a sex-worker. At any rate, a tax-paying pornographer is better than a unscrupulous pimp. As far as the explicit Rajasthani paintings go, some would prefer to call it art. And miraculously so: The art-form still survives and continues to draw top-dollar from international tourists.