A lot is about how courts interpret something. But a lawyer representing the Maharashtra government in a privacy-related case in Supreme Court reportedly hinted that watching porn inside homes was not a fundamental right that Indians could claim and that it might be illegal. Watching porn in public spaces in India is anyways illegal.

The argument by senior advocate Aryama Sundaram was made in the Supreme Court before a 9-judge bench that is deliberating on whether privacy is a fundamental right for Indians or not. The question has come up after various petitions challenged the central government making Aadhaar mandatory in a number of cases.

The central government is arguing that Indians do not have a fundamental right to privacy according to the Constitution. On Thursday, the central government was joined by the state of Maharashtra, which has a BJP-led government, in its stance.

While arguing that Indians do not have a fundamental right to privacy, Sundaram hinted that the government considers watching pornography even in the privacy of homes abhorrent and something that should not be allowed in the country.

During the course of his argument, Sundaram reportedly asked, "Can I come to court and say I have a fundamental right to watch pornography in my home?" The question was reportedly answered by Judge Jasti Chelameswar who is part of 9-judge bench. "Why not," he asked the counsel.

Considering the fact that the current case is not about pornography it seems neither the Supreme Court judges nor Sundaram pressed on this point, although the question and the counter question did drew sniggers and laughs in the courtroom.

AS: Can I come to court and say I have a fundamental right to watch pornography in my home? Chelameswar J: Why not? - Gautam Bhatia (@gautambhatia88) July 27, 2017

But at the same time, the question coming from the senior advocate representing govt Maharashtra in a very important case does hint that government considers watching porn, even in the privacy of homes, something that is not allowed. Although for now it has also not been explicitly outlawed.

This is different compared to how watching pornography in public is treated in India. India outlaws transmitting and producing pornographic material by law. Usually, this means that watching pornography in privacy of a home may not be a crime but it is an issue if you do so in public because then others can watch it too and that could be considered transmitting it.

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The IT Act notes that a person can be imprisoned for up to three years for publishing or transmitting obscene material. Also, the punishment goes up to five years if the material also has "sexually explicit act or conduct". Transmitting or sharing child pornography too is an offence in India with punishment of up to five years.

Also, the IT Act amendments in 2011 contained provisions aimed at regulating cyber cafes. One of these provisions noted that watching pornography in a cyber cafe was illegal and the responsibility to ensure that users didn't watch porn lied with the cafe owner.