Banning Online Pornography Is A Matter Of Policy: SC Observes While Issuing Notice In Plea For Pan-India Safety Guidelines For Women, Children & Third Gender

The Supreme Court today issued notice in a Writ Petition filed by the Supreme Court Women Lawyers Association (SCWLA) under Article 32 of the Constitution, seeking the issuance of comprehensive, pan-India safety guidelines and reforms for the protection of women, children, and members of the third gender.

The Bench of Justice Surya Kant and Justice Ujjal Bhuyan ordered that the respondents shall be served through the Attorney General of India. 

The Court passed the above order after noting that ASG Aishwarya Bhati is a member of the association and there would be a conflict of interest if she appeared on the Union side. The Bench also stated that ASG Bhati may be assigned as an amicus in the matter. 

During the hearing, Senior Advocate Pavani Mahalakshmi appeared for SCWLA. "We are seeking Pan India guidelines, reforms, and measures," the Senior Counsel submitted. 

Justice Kant said, "You are seeking so many directions in the writ petition."

"No, My Lords! It's because I am seeking a comprehensive thing. It is a systematic, extensive reform which I am seeking," Mahalakshmi contended. 

Mahalakshmi contended, "Incidentally, today is the 12th anniversary of Nirbhaya...Your Lordhsips may restrict the prayers, which your Lordhsips feel suitable...Pornography is a theory, rape is the practice. I am seeking a ban on free online pornography." 

"We strongly appreciate and admire some of the issues that you have raised....These (Banning free online pornography) are policy matters," Justice Kant said. 

Mahalakshmi argued that there are many stringent laws in this country, but whether they are being implemented is the question. She submitted there are eight respondents. 

"I really appreciate the issue of social behaviour in public transport; it is a very innovative idea. It is extremely important. It needs to be demonstrated in airways, buses, trains etc.," Justice Kant praised the Senior Counsel. 

The Senior Counsel further argued that even the media is one of the parties that trigger such incidents. "The incidents that happen in two-three tier cities of the country are pushed under the carpet," she argued. 

"We will make no comments on the media," Justice Kant said.

Accordingly, the Court scheduled the matter for further hearing in January 2025. 

The petition filed through AOR Filza Moonis highlights the alarming surge in crimes against women across the country, with specific references to states like West Bengal, Delhi, Uttar Pradesh, Rajasthan, Karnataka, and Maharashtra. It underscores the grim reality of increasing incidents of sexual violence, including the recent gang-rape and murder of a 31-year-old trainee doctor in Kolkata, which has reignited public outrage and concerns about women's safety.

"The heart-wrenching incident of gangrape-cum-murder of a 31-year-old trainee doctor in Kolkata’s R G Kar Medical College has shaken the collective conscience of the country to the core and shows that nothing has improved since the 2012 Nirbhaya case," the PIL reads. 

The SCWLA emphasizes the systemic failures of law enforcement agencies, citing bureaucratic delays, political interference, and corruption as key factors hindering the effective implementation of stringent criminal laws meant to deter such crimes. The petition points out that despite the enactment of laws following the 2012 Nirbhaya case, the lack of timely and efficient enforcement has emboldened perpetrators.

It also calls attention to specific cases, including a 21-year-old gang-rape survivor in Uttar Pradesh who committed suicide after police failed to register an FIR against the accused. Such incidents, the petition argues, reflect the detrimental impact of unchecked police discretion under the newly introduced criminal laws, which the association claims have created a "parallel justice system" detrimental to democracy.

The SCWLA further critiques the central government’s "Beti Bachao, Beti Padhao" campaign, suggesting a shift in focus to educating boys to create a more equitable and safe environment for women. The association proposes changing the slogan to "Beta Padhao, Beti Badhao," advocating for sensitization of men to empower women.

Relying on the doctrine of parens patriae, the association has urged the Court to act as the guardian of citizens’ fundamental rights, ensuring safety, dignity, and equality for women, children, and the third gender. The petition seeks judicial intervention to fill legislative and executive gaps, invoking the Court's powers under Article 32 to frame enforceable guidelines until robust legal measures are adopted.

In its prayer, the SCWLA has requested the Court to frame strict, time-bound guidelines focused on improving law enforcement accountability, ensuring victim protection, and addressing systemic inefficiencies. The petition also seeks enhanced allocation of funds for safety measures and sensitization campaigns to foster a safer and more inclusive environment for vulnerable groups.

Cause Title: Supreme Court Women Lawyers Association (SCWLA) v. Union of India [Diary No. 43648-2024]