BROWSING PORNOGRAPHIC MATERIAL OVER INTERNET- A LEGALAND CONSTITUTIONAL PERSPECTIVE

Introduction:
Recently, an important debate has unleashed in the legal arena and has created uproar in the society.
The debate is pertaining t
o 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.