Is banning porn sites a breach of our Fundamental Rights or not ?

It is not a breach of our Fundamental Rights as ‘Right to watch free porn’ is not a Fundamental Right in India. Nor is it a part of right to freedom of speech and expression.

If you are to argue it though, it would be stymied by Reasonable restrictions.

Every Right is subject to reasonable restrictions and they are defined under Art 19 (2) of the Constitution. They are the following –

Security of the State
Friendly relations with foreign States
Public order
Decency and morality
Contempt of court
Defamation
Incitement to an offence 
Sovereignty and integrity of India

These above 8 are the restrictions on our Fundamental Rights. As you see, porn would come under ‘Decency and morality’ and therefore our right in that respect can be curbed by the state.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s