This article on ‘Human Rights Violations in the Adult Film Industry’ was written by Payal Sharma, an intern at Legal Upanishad.
The adult film industry, sometimes known as the “porn industry,” has a significant number of viewers all over the world, and with the internet and social media platforms, it only takes a few seconds to get hooked on a porn video. For the sake of business, the industry portrays brutal, violent, harmful, and misleading information as normal and fascinating.
Various human rights organisations have viewed fundamental rights as an inalienable element of a person’s life, but in this industry, children and women are the most vulnerable groups that are exploited; they have no rights and are denied their dignity. Human rights are violated in a variety of ways, including human trafficking, child abuse, and non-consensual sex. Article 23 of the Indian Constitution bans all forms of trafficking. The National Human Rights Commission of India was established by an Act of Parliament in 1993 under the Protection of Human Rights Act to protect and promote human rights. This article analyses the human rights violations committed in the adult film industry.
Human Rights: Meaning and Concept
Human rights are those that are granted to every individual regardless of race, religion, ethnicity, or any other basis. It contains all of the basic rights that a human needs to live in a society with dignity, peace, love, without fear and with all sorts of equality. The Universal Declaration of Human Rights (UDHR) is an internationally recognised document that was created by persons from various legal and cultural backgrounds. It asserted that human rights should be protected worldwide.
Human Rights are defined in Section 2(1)(d) of the Protection of Human Rights Act as “individual rights to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts.” Every country in the world, including India, has government bodies that protect human rights.
Human rights violations occur when people are denied the freedom to which they are entitled. Whenever human rights are violated, it creates a chaotic situation that leads to exploitation and oppression.
What constitutes an adult film industry?
The production of any video, film, multimedia, or other recorded representation of sexual intercourse in which performers are actually engaged in oral, vaginal, and anal penetration is referred to as adult film, and the industry that produces such films is referred to as the adult film industry.
How are human rights eﬀected in the adult ﬁlm industry?
Promotes rape culture and sexual exploitation:
This industry through its abusive videos promotes violence and crime against women and children as it normalizes all these acts. It instills in the minds of the viewers that ladies are sex object and that their feelings and emotions are worthless. A man who is addicted to porn movies is filled with negative thoughts and is more likely to harass women or become verbally and sexually aggressive. A man addicted to porn is unlikely to have empathy for women; this type of individual sees women as just sex dolls whose consent and pain are irrelevant.
Pornography increases violence against women:
Mia Khalifa once the most popular porn star in the world has herself told in an interview about the pitiable condition of women in this industry as well as other women who have to bear the consequences of their partners watching porn.
Even porn actresses have to go through such a tough situation where they themselves have blackouts as this industry is inhumane and immoral it only needs revenue which can be earned only by including more oﬀensive content.
Aﬀects dignity of women:
Article 3 of the Universal Declaration of Human Rights guarantees every human the right to life, liberty, and security, however, this is not the case in the adult film industry, where porn stars are compelled to perform sexual sequences against their will, making them feel embarrassed and insulted. A person does not want to become a porn star; it is her situation that forces her to enter this horrible world, and the adult film industry takes advantage of their situation and forces them to do things that are brutal and unethical.
It refers to the use of coercion, alcohol or drugs, or force to have sexual intercourse with someone against their consent. It also includes making repeated sexual advances on someone who has previously declined. It constitutes emotional, sexual, and mental abuse, and hence constitutes a violation of human rights.
In porn movies, it is commonly depicted that women are subordinate to males, with little control over their bodies. Even this industry makes their content consumers believe that spouses are sex props and that because the man has a dominant position over her, he has the right to do anything he wants with her.
How this industry impacts common people?
- Pornography is like mud water; a person who falls into it sinks without realising he is entering a deep dark chamber.
- Pornography captures the brain wave of those who see it, and especially when the viewers are largely young adolescent boys, the adolescents of today will undoubtedly grow up to be violent, rude, and unsympathetic men.
- When asked, the majority of rape prisoners say they were provoked by porn videos, making them dangerous to society.
Suggestions and Conclusion
In my opinion, this type of industry should not exist and there must be harsher punishments against those who produce these kinds of movies. With the growth of technology, everyone has easy access to social media, and porn films are like a spider web in which a person becomes so engrossed that it affects his behaviours towards female members. A child does not grasp what is good and terrible, but as he grows older, he becomes attracted to these things.
The effect of aggressive porn videos is increased anger and enmity towards women. This industry exists solely to make a profit, at the expense of performers’ and even women’s safety around the world. Stricter legislation should be enacted and strictly enforced in both language and practice.
List of references:
- Elisabet Le Roux, Pornography: Human right or human rights violation?, 66(2) Theological Studies (2009)
- Jasmine Siddiqui, Adult Film Industry and Human Rights Violations, Lawctopus, 12 April 2022, available at: https://www.lawctopus.com/academike/adult-film-industry-and-human-rights-violations/
- Pornography and Human Rights, European Centre for Law and Justice, available at: media.aclj.org/pdf/Pornography-and-Human-Rights,-European-Centre-for-Law-and-Justice,-October-2019.pdf