Smells like teen spirit: A critique of Indian anti-sexting laws and the misrecognition of teen-sexuality

Sen, Nayonika and Zia, Farhan (2020) Smells like teen spirit: A critique of Indian anti-sexting laws and the misrecognition of teen-sexuality. In: Torment 2020! A Wake up Call. Pen Acclaims, pp. 1-6. ISBN 9798648198081

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Abstract

Despite it being practised in India, sexting among teens has not received much attention in legal and societal discourse. Legitimate fears of abuse that can traumatise young users make regulation necessary. But must this necessarily be at the cost of children’s sexual expressions? In this essay we analyse Indian pornography laws to explore whether sexting always constitutes child pornography in the background of Karl Hanson’s classification of the ‘Schools of Thoughts in Children’s Rights.’: Paternalism, Liberation, Welfare and Emancipation. We argue that current jurisprudence on sexting takes a paternalistic stance and that rather than classifying teen-sexting into blanket ‘pornography or not’ camps, it requires a more nuanced approach.

Item Type: Book Section
Keywords: Sexting | Child pornography | Child-sexuality
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 28 Mar 2022 09:56
Last Modified: 28 Mar 2022 13:29
Additional Information: Along with my friend and colleague, Nayonika Sen, this small piece that we wrote on the paternalistic blanket attitude of anti-sexting laws in India has won the 2020 National Essay Writing Competition by Pen Acclaims. It has also been published in an anthology book titled "Torment 2020! A Wake up Call" (Vol. 1).
URI: https://pure.jgu.edu.in/id/eprint/1878

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