Read Time: 05 minutes

Synopsis

In a noteworthy decision, the Kerala High Court has advocated for home-cooked meals and outdoor play for children. Court encouraged families to forgo restaurant deliveries via platforms like 'Swiggy' and 'Zomato'.

Justice PV Kunhikrishna said, "Let the children play cricket or football or other games they like during their leisure time. That is necessary for a healthy young generation who are to become the beacons of hope for our nation in the future. Instead of purchasing food from restaurants through ‘Swiggy’ and ‘Zomato’, let the children taste the delicious food made by their mother and let the children play at play grounds at that time and come back home to the mesmerizing smell of mother’s food".

"I leave it there to the wisdom of the parents of minor children of this society," the judge suggested.

The court was dealing with a case involving a pornography-related offence. The accused faced charges under Section 292 as he was seen standing on the roadside, viewing explicit content on his mobile phone.

The accused claimed that there was no case that his act could attract youngsters or he publicly exhibited the video.

The judge held that watching an obscene photo or a video on his mobile phone by a person in his privacy by itself is not an offence under Section 292, IPC which punishes sale, etc., of obscene books, etc.

"If the accused is trying to circulate or distribute or publicly exhibits any obscene video or photos, then alone the offence under Section 292 IPC is attracted," clarified the judge. 

Therefore, Justice Kunhikrishna held that the case against the accused pending before the court of Judicial First Class Magistrate was not made out. Hence, it quashed the same. 

Though, before parting with the matter, he said that "watching pornography may not be an offence but if minor children start to watch porn videos, which are now accessible on all mobile phones, there will be far-reaching consequences".

He underscored that "instead of delicious food made by the mother and a cake cutting ceremony on birthdays of children, parents are giving mobile phones with internet access to their minor children as a gift on such occasions to make them happy".

The parents should be aware of the danger behind it, Justice Kunhikrishna stressed.

Case Title: Aneesh v. State of Kerala and Another