New Delhi: The Supreme Court on Monday refused to entertain a public interest litigation (PIL) seeking directions to the Union Government to formulate a national policy and legal framework to prohibit the viewing of pornographic content in India.
A bench led by CJI Surya Kant held that although the issue raised in the petition was of “paramount importance”, it did not involve a question of law warranting the Court’s examination.
The Court observed that the matter concerns policy issues requiring technological advancement and expert inputs, particularly from the Ministry of Electronics and Information Technology (MeitY), and granted liberty to the petitioner to submit a representation before the competent authorities.
“We have heard learned counsel for the petitioner. Undoubtedly, the issue raised is of paramount importance. However, the subject matter does not involve a question of law requiring examination by this Court. It concerns policy issues which need technological advancement and expert consideration. Such issues fall within the domain of experts, especially the Ministry of Electronics and Information Technology,” the Court observed while disposing of the petition.
The PIL was filed by BL Jain, represented by Advocate Varun Thakur.
The petition sought directions to the Centre to frame a national policy imposing a nationwide ban on the viewing of pornographic material, particularly by minors.
According to the petitioner, the widespread availability of the internet has made pornographic content easily accessible, leading to excessive consumption and addiction. The plea further contended that the increasing consumption of such content has contributed to the commission of sexual offences.
The petitioner also argued that while the Information Technology Act criminalises the publication, transmission and distribution of obscene and pornographic material, it does not penalise the act of viewing pornography, resulting in a legislative vacuum that requires the Union Government to formulate an appropriate legal framework.
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