Supreme Court Refuses to Entertain Plea to Ban Pornography, Cites Nepal Protests, Hearing Deferred by Four Weeks
New Delhi:The Supreme Court on Monday said it was “not inclined to entertain” a plea seeking a nationwide ban on pornography and drew a comparison to the recent Gen Z protests in Nepal, which erupted following restrictions on social media platforms. “Look what happened in Nepal over a ban,” remarked a division bench headed by Chief Justice of India BR Gavai, referring to the violent agitations by youth against government censorship.
The bench, however, said the petition will be taken up for hearing after four weeks. Chief Justice Gavai is due to demit office on November 23.
The public interest litigation (PIL) sought directions to the central government to frame a national policy and action plan to curb the viewing of pornographic content, especially among minors, and to prohibit access to such material in public spaces.
The petitioner argued that after digitalisation, “everything is available in one click” and that “who is educated or uneducated is immaterial.” It was submitted that the government itself had admitted that billions of pornographic sites are accessible on the internet.
Citing the pandemic period, the plea said children used digital devices extensively during Covid-19 lockdowns, and that there was “no mechanism to restrain the watching of pornography” on such gadgets.
The petitioner further claimed there is “no effective law” to regulate online porn consumption and that such exposure can adversely affect individuals and society — particularly those aged 13 to 18 years.
While the court noted that software tools already exist for parents to monitor or restrict online content, the petitioner presented what he termed as “shocking data”, alleging that over 20 crore pornographic videos or clips, including those depicting child sexual material, are available for sale in India.
The plea also pointed out that under Section 69A of the Information Technology Act, the government has the power to block public access to websites carrying such content.
The court has not yet issued any directions on the matter but will revisit the plea after four weeks.
About The Author
