Recently, an important debate has unleashed in the legal arena and has created uproar in the society.
The debate is pertaining to the ‘complete ban on pornographic material which is available over Internet.’ This debate is otherwise a cause, rather, a constitutional matter to be determined by the apex court. In 2013, a Public Interest Litigation was filed in the Supreme Court of India seeking a complete ban on websites by
Advocate Kamlesh Vaswani.
Basically, the Writ Petition of 2013, Kamlesh Vaswani vs. Union of India2, was filed seeking direction of the Court to direct Central Government:
to implement Section 67 of Information Technology Act, 2000 in its true spirit
to make browsing, viewing or watching as non-bailable offence
to block pornographic content over Internet
In a free and a democratic country like India3, which is based on a constitutional democracy, no Individual in India can be coerced or forced, as to what lifestyle or what mode or way of life one should follow or live. Several freedoms and rights of individuals have been secured. All these rights are very much secured in the Part-III of the Constitution of India4. A State, as has been held in multiple cases and in various contexts, is under a legal obligation, positive as well as negative, not to encroach upon or intervene in, any ones freedom, as mentioned above. “Right to access information” or Right to receive knowledge or information”, no doubt, a part of personal liberty and has been secured under Article 21 of the Constitution of India, in its extended philosophy “right to life” and “right to personal liberty” 5 This of course is subject to some restrictions to be imposed under or on the
basis of Article 19 (2) and by virtue of a legislative power given to the state in the form of expression
“procedure established by law” under Article 21 of the Constitution of India.
This article aims at to address the legality of act of ‘browsing pornographic material available over Internet’ from the perspective of:
The pending Writ Petition of Kamlesh Vaswani vs. Union of India6
Some Fundamental Rights in the Constitution of India and
Pornography related provisions in the Information Technology Act, 20007
ASHOK WADJE
Research Scholar, Faculty of Law, Symbiosis International University, Pune
