The Supreme Court said Monday it is not inclined to entertain a plea seeking a ban on pornography, and drew a parallel to September’s Gen Z protests in Nepal – when young people staged violent agitations to overthrow a corrupt administration – saying, “Look what happened in Nepal over a ban.”
Nevertheless, a division bench led by outgoing Chief Justice BR Gavai said the plea would be heard after four weeks. Chief Justice Gavai is due to demit office on November 23.
The petitioner had sought directions to the central government to formulate a national policy and draft an action plan to curb watching of pornography, especially among those who have not yet reached the age of majority and to prohibit watching any such material in public spaces.
“After digitalisation, everyone is connected digitally… who is educated or un-educated is immaterial. Everything is available in one click,” the petitioner said.
The petitioner also said the government had admitted “billions” sites promoting pornographic material are available on the internet. “During Covid schoolchildren used digital devices… in these devices there is no mechanism to restrain watching of pornography.”
There are, though, software that allow parents or guardians to restrict content viewed by children, or allow them to track, in real-time, what their children or wards are browsing.
“… there is no effective law to deal with this issue and watching pornography adversely affects persons as well as society, especially growing minds aged between 13 and 18.”
The petitioner also presented what was claimed as ‘shocking data’, including an estimate that says over 20 crore pornographic videos or clips, including those depicting child sexual material, are available for sale in India. It was also pointed out the government, under Section 69A of the Information Technology Act, has the power to block for public access of these sites.