- The SC declined to immediately ban pornography, citing Nepal's violent protests over a social media ban
- The court will hear the plea seeking a national policy on pornography and protection of minors after 4 weeks
- The petitioner highlighted easy access to pornography online and lack of effective laws to regulate it
Citing the recent Gen Z protests in Nepal, the Supreme Court on Monday, Nov. 3, said it was “not inclined” to entertain a plea seeking a nationwide ban on pornography.
The apex court referred to the violent agitations staged by young people in the neighbouring country against a corrupt administration following a social media ban, remarking, “Look what happened in Nepal over a ban.”
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Nevertheless, the division bench led by outgoing Chief Justice BR Gavai, who will demit office on Nov. 23, said the plea would be heard after four weeks.
The petitioner had urged the court to direct the Central government to frame a national policy and draft an action plan to curb viewing of pornographic material, especially among minors. The plea also sought a prohibition on viewing such content in public places.
“After digitalisation, everyone is connected digitally. Who is educated or uneducated is immaterial. Everything is available in one click,” the petitioner stated, adding the government itself had admitted that “billions” of pornographic websites were accessible on the internet.
The petitioner further pointed out that during the COVID-19 pandemic, schoolchildren used digital devices for learning, which lacked mechanisms to restrict access to such content.
While software exists for parents and guardians to monitor and control online activity, the plea emphasised that “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.”
Presenting what was described as “shocking data,” the petitioner claimed that more than 20 crore pornographic videos or clips, including those containing child sexual abuse content, were available for sale in India.
It was also pointed out that the government, under Section 69A of the Information Technology Act, 2000, possesses the authority to block public access to such websites.
What Happened In Nepal?
In Nepal, a wave of anti-government protests erupted on Sept. 9, spiralling into violence after the government imposed a ban on social media platforms.
Thousands of young demonstrators took to the streets, and the protests turned violent, leaving many dead and prompting the deployment of the Army across Kathmandu.
The protests forced the Prime Minister to resign. Protestors vandalised politicians' homes and set fire to government buildings and the Parliament.
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