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2016 Supreme(SC) 806

SUPREME COURT OF INDIA
Dipak Misra, Shiva Kirti Singh, JJ.
Kamlesh Vaswani - Petitioners
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) Nos. 177 of 2013
Decided On : 26-2-2016

Advocates Appeared:
For the Petitioners:- Vijay Panjwani and Kundan Lal, Advocates.
For the Respondents:- Ms. Pinky Anand, ASG, Ms. Mahalakshmi Pavani, Sr. Advs., Ms. Manita Verma, Haripriya Padmanandan, S.N. Terdal, Rakesh Ranjan, T.C. Sharma, Parthiv Goswami, Prabal Bagchi, Ms. Somya Rathore, Ms. Kritika Sachdeva, Ms. Snidha Mehra, Haran Sethi, Ms. Surajita Pattanaik, Rishabh Jain, Ms. Madhavi Divan, Ms. Nidhi Kaang, D.S. Mahra, Ms. Sushma Suri, Prasanth P., Mohit Singh, Rahul Narayan, Ms. Jyotika Kalra, Ms. Sneha Kalita, Ms. Shiva Vijaykumar, Ms. Prerna Kumari, Advocates.

Headnote:Administration of justice – Applicants praying for effective restrictions / regulations on pornography, especially child pornography – Counsel for respondent Union of India seeking time for obtaining instructions and coming up with some scheme – Counsels for applicants directed to give their suggestions to counsel for Union of India – Union of India given liberty to ask for suggestions from the National Commission for Women – Matter adjourned to 28.03.2016. (Para 5, 6, 7, 8 & 9)

ORDER :

This is an application for intervention by the Supreme Court Women Lawyers Association through its General Secretary. Regard being had to the factual score, we think it appropriate to allow the application and accordingly the prayer for intervention stands allowed.

The interlocutory application stands disposed of.

Though the prayers made in these interlocutory applications are different yet the main assertions are the same and the prayers, in a way, proceed on the same path.

2. In I.A. No.2 of 2013, it has been prayed to direct the respondents to block the pornography websites, platforms, links, or downloading by whatever other internet means or name in order to prevent easy access whether in private or public and pass such other order/orders as may be deem fit.

3. In I.A. No.6 of 2015, the prayer is multi-fold. We think it apt to enumerate the prayers :-

"a) to issue appropriate directions to Ministry of Communication and Information Technology

(I) to take measures to promote the dissemination and improvement of filtering services.

(ii) to take strict measures to prevent distribution and access to pornography including measures regarding file sharing software.

(iii) to adopt various measures towards improvement in the effectiveness of blocking Child pornography on the Internet and to take measures to eliminate child pornography.

b) to issue appropriate directions to Ministry of Women & Child Development

(i) for enhancement and to strengthening of protective measures to reinforce support for victims (both child and women).

(ii) to take effective steps to promote public relations and awareness raising activities concerning risks and proper use of the Internet.

c) to issue appropriate directions to the Ministry of Human Resource Development

(i) to direct that jammers be installed inside the school premises and in the school buses to prevent access of pornographic sites on the cell phones by the Driver or anyone who is in charge of the children in the Buses.

(ii) to direct to have one male and female child counselor in every school and special workshop to be conducted in schools for awareness of sex education."

4. It is submitted by Mr. Panjwani, learned counsel appearing for the applicant in I.A. No.2 of 2013 that the Central Government is required to make certain rules and regulations initially to stop the child pornography and thereafter to proceed to deal with all other grievances that have been put forth in the petition.

5. Ms. Mahalakshmi Pavani, learned senior counsel appearing in I.A. No.6 of 2015, has expressed her agony by submitting that the child pornography is spreading like cancer and it would not be out of place to call it a moral cancer not on the ground of individual morality but on the foundation of obscenity which is an offence under the Indian Penal Code. Learned senior counsel has brought to our notice how a school bus driver and his helper were arrested as they had forced the school children to watch pornography on their mobile phones and molested them. We have referred to the same not for any other purpose but to note the anguish put forth by the learned senior counsel appearing for the Supreme Court Women Lawyers Association that the children need to be protected from this kind of moral assaults, for these moral assaults have the potentiality to bring them physical disasters.

6. Ms. Pinky Anand, learned Additional Solicitor General shall obtain instructions in this regard and file an appropriate affidavit of the competent authority to suggest the ways and means so that these activities are curbed. The innocent children cannot be made prey to these kind of painful situations, and a nation, by no means, can afford to carry any kind of experiment with its children in the name of liberty and freedom of expression. When we say nation, we mean each member of the collective.

7. Mr. Panjwani, learned counsel would submit that watching pornography or being compelled to watch pornography in a public place can never come within



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