India's Supreme Court Hesitant on Pornography Ban Petition, Cites Nepal Protests as Cautionary Example

New Delhi:

The Supreme Court expressed reluctance on Monday to entertain a petition seeking a ban on pornography, referencing the September protests in Nepal where young people violently demonstrated against a corrupt government, stating, "Look what happened in Nepal over a ban."

Despite this initial hesitation, a division bench headed by outgoing Chief Justice BR Gavai scheduled the plea for hearing after four weeks. Chief Justice Gavai is set to retire on November 23.

The petitioner requested the central government to develop a national policy and action plan to restrict pornography consumption, particularly among minors, and to prohibit viewing such material in public spaces.

"In today's digital era, everyone is connected online regardless of educational background. All content is accessible with a single click," the petitioner argued.

The petition highlighted the government's acknowledgment that "billions" of pornographic websites are available online. "During the pandemic, students used digital devices for learning, yet these devices lack mechanisms to prevent access to pornographic content."

It should be noted that parental control software does exist, allowing guardians to restrict content or monitor children's browsing activities in real-time.

The petitioner emphasized, "There is no effective legislation addressing this issue, while pornography consumption negatively impacts individuals and society, especially developing minds between ages 13 and 18."

The petition presented what was described as 'shocking data,' claiming over 200 million pornographic videos, including child sexual material, are available for purchase in India. The petitioner also pointed out that under Section 69A of the Information Technology Act, the government possesses authority to block public access to these websites.