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    Oberster Gerichtshof in Indien entscheidet, dass das Ansehen und Herunterladen von Kinderpornografie kein Verbrechen ist

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    23 Comments

    4. origami_anarchist on

      Wow. Sounds like India needs some new, more specific legislation.

      Also, currently it seems there are 3 female judges out of 33 on the Supreme Court of India. That’s not very good for the “world’s largest democracy”, is it?

      A bit of the article:

      >The Supreme Court has not yet struck down the Madras High Court decision, but has allowed child protection groups to submit written arguments until April 22.

      >The Supreme Court of India’s debate on child pornography’s potential semi-legalization comes amid an ongoing debate in the nation regarding the criminal status of marital rape. According to [*Supreme Court Observer*](https://www.scobserver.in/cases/challenge-to-the-marital-rape-exception/#:~:text=Hrishikesh%20Sahoo%2C%20accusing%20him%20of,Act%2C%202012%20(POSCO).), a decision is currently pending to determine if marital rape will be made legal in the country, as it is currently not considered a crime in situations where the raped “wife” is not a minor.

      >The petition was filed by Hrishikesh Sahoo in 2022 after his wife filed a complaint against him, accusing him of rape, cruelty, and making threats of causing harm under the Indian Penal Code (IPC). Additionally, Sahoo had also been charged with sexually assaulting his daughter.

      >While awaiting trial at the Court of Sessions, Mr. Sahoo filed a written petition at the Karnataka High Court, invoking the marital rape exception, and calling for any charges laid against him for the sexual assault of his wife to be dropped. 

      That’s not a good look, India.

    7. MeringueSerious on

      What the fuck? Whoever passed that in court obviously is interested in children, sick bastards.

    8. God_Of_The_Mods on

      Wow, that is absolutely abhorrent and disgusting. Cho-Mos should be hung in public.

    9. MuzzledScreaming on

      This is not the court’s fault; the legislature needs to specifically address this. Per the article, the actual law on the books makes it illegal to actually *create* the material, which (per the court’s interpretation) excludes people who later view the material.

      It is entirely possible this is one of those things that no one thought they needed to explicitly legislate until the loophole was found.

      I’m no lawyer, but based on the information presented in the article it seems that the court is doing what courts are supposed to: rule on the law as it is written, not as they want it to be. This is a problem that the legislature needs to fix (and hopefully does immediately).

    11. MyOtherAlt420 on

      As If we didn’t already have good reason, now there’s even more justification to just avoid India and never work with or support them. 

    12. SunnyWDA on

      “Been spendin’ most their lives
      Livin’ in a pedo’s paradise” 🎵

    14. ureepamuree on

      Y’all need to realize that the job of Courts in India (prolly other democracies too) is to interpret the existing laws, they don’t create a new law. Making laws is the job of lawmakers (politicians)

    15. Muscs on

      There’s research saying that pedophiles use porn to manage their impulses and that restricting or eliminating pedophile porn results in a higher number of offenses.

    16. Sound_Saracen on

      Wasn’t there a recent trend of Indians burning their boxers in protest of the possibility of the government outlawing marital rape?

    18. albny89 on

      Anonymous still around to fight India penchant for illegal internet schemes? Or did perigoie get a new job?

    19. LeoSolaris on

      Counterintuitively, this **might** have a more positive effect than it seems at first glance precisely because the creators are still committing crimes. Decriminalization means that people who turn in evidence of a crime are not also committing a crime by handling the evidence itself.

      Illegal possession means no one can come forward without risking themselves in the process. How much evidence has been destroyed because someone didn’t want to take the personal risk of turning it in? How many more criminals who committed these violations of children would have been caught if someone had come forward with evidence?

    22. VagueSomething on

      Oh boy, lets see how quickly this gets fixed or not. Will the government get an easy win or drag this out to further shame India.

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