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Supreme Court Hesitant to Ban Pornography, Cites Nepal Protests as Cautionary Tale
New Delhi: The Supreme Court has expressed reluctance to entertain a petition seeking a nationwide ban on pornography, citing the recent unrest in Nepal as a potential consequence of overly restrictive measures. A division bench, led by outgoing Chief Justice BR Gavai, drew a parallel between the petition and the protests in Nepal, suggesting that banning pornography could trigger similar social unrest.
The petition calls for the central government to formulate a national policy and action plan to curb pornography consumption, particularly among minors, and prohibit its viewing in public spaces. The petitioner argued that the proliferation of digital devices and easy online access has made pornography readily available to all, regardless of education level. They highlighted the lack of effective mechanisms to prevent minors from accessing pornographic content on devices used during the COVID-19 pandemic. The petition claimed that billions of pornographic sites are accessible and that a shocking number of adult and child pornographic videos are sold in India.
The petitioner also pointed out the government’s power under Section 69A of the Information Technology Act to block public access to such websites. However, the court noted that parents and guardians have access to software that allows them to restrict and track their children’s online activities.
Despite the initial hesitation, the bench stated that it will hear the plea after four weeks. Chief Justice Gavai is scheduled to retire on November 23rd. The future of the petition remains uncertain.
First Piper 