Delhi HC seeks Centre’s stand on plea against continued blocking of satirical website ‘Dowrycalculator.com’

On May 16, 2022, the HC had directed the Ministry to provide a copy of the original blocking order to the owner of the website, which was blocked based on a complaint from then Union women and child development minister Maneka Gandhi. The court had also directed the committee constituted by MeitY under the Blocking Rules, 2009, to give a post-decisional hearing to the counsel representing the owner of the website, ‘Dowry Calculator’, on May 23. The division bench of Justice Manmohan and Justice Dinesh Kumar Sharma in an order recorded the Centre’s statement that the authorities are willing to give a post-decisional hearing to the website owner Tanul Thakur and also take “corrective measures” if found necessary.

While issuing notice, the HC noted that Thakur had registered the domain name ‘Dowry Calculator.com’ on May 4, 2011, and had started this website with the intention of highlighting the evils of dowry. According to Thakur, the website is a tongue in cheek attempt to highlight the social evil of dowry that is prevalent.

The Ministry, the HC noted, has by invoking the provisions of the Information Technology Rules 2009 come to the conclusion that the perception of the website is not a satirical take. “Further the petitioner, though was initially reluctant to put a disclaimer and thereafter conceded to put a disclaimer, however the committee has come to a conclusion that the disclaimer may not help in addressing the situation,” the court noted.

Senior advocate Siddharth Aggarwal appearing for Thakur argued that the highlighting of a social evil in this manner cannot be blocked as it would be contrary to Article 19(1)(a) of the constitution, the court noted. He had argued that the website is akin to a “stand up comic which makes fun of a social evil in order to try and get people not to follow it”. who “Parody and satire are often misunderstood,”Aggarwal said.

“The difficulty is when we start taking everything so literally that the Ministry says no this will defame India in the eyes of the world. I was not given any notice of the blocking. Under the orders of the HC, I filed a plea and there was a post decisional hearing,” Aggarwal said.

Justice Singh remarked that the website was quite creative though. “All it does is, shines a mirror on all of us. Look at the news coverage around it.. it is clear that it is something that pokes fun,” Aggarwal said. The counsel for the ministry said that he needs to seek instructions on the case.

Aggwarwal further contended that even though his client submitted in writing before the committee that he will put a disclaimer the committee said that the content had potential to cause unimaginable torture or crimes against women. Justice Singh said that there was a possibility of clearly two views on the matter and said that “it will have to be considered”.