Question : PORNOGRAPHY CASES



(a) whether cases of pornography have been registered in the country;

(b) if so, the details thereof;

(c) whether this has led to high incidence of crime and crime against women;

(d) if so, the measures taken by the Government so far to check such cases and the outcome thereof;

(e) whether the Government proposes to formulate any policy to check easy access to pornography sites so as to rein in the increasing problems as a result thereof; and

(f) if so, the details thereof?

Answer given by the minister


MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI R.P.N. SINGH)

(a) & (b): As per information provided by the National Crime records Bureau (NCRB), data regarding pornography exclusively is not maintained centrally by the NCRB. However, cases registered and persons arrested under obscene publication / transmission in electronic form (Sec 67 of IT Act, 2000) for the period 2010 – 2012 is enclosed at Annexure.

(c): The Ministry of Home Affairs is not aware of any such direct co-relation between pornography and of crimes against women

(d) to (f): As per Seventh Schedule, ‘Police’ and ‘Public Order’ are State subjects under the Constitution, and as such the primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against women, lies with the State Governments and Union Territory Administrations. However, the Union Government attaches highest importance to the matter of prevention and control of crime against women and children. Ministry of Home Affairs has issued a detailed advisory on Preventing & Combating Cyber Crime against Children dated 04th January, 2012, wherein it has advised the States / UTs to specifically combat the crimes in forms of cyber stalking, cyber bullying, child pornography and exposure to sexually explicit material etc.

The intrinsic nature of internet makes it technologically very difficult to stop uploading of pornographic content. Nevertheless, the Information Technology Act 2000 together with the Indian Penal Code 1860, provides legal framework for countering pornographic content. Sections 67, 67A and 67B of the Information Technology Act provide for stringent punishment and fine for publishing or transmission of pornography in electronic form as well as hosting on website any information which is lascivious, or contains sexually explicit act or conduct, or depicts children engaged in sexually explicit act.