The Supreme Court on Thursday urged the Centre to make sure that websites like Google India, Yahoo India and Microsoft Corporation (I) Pvt Ltd do not carry contents in violation of the laws prohibiting sex determination of a foetus.
“In our considered opinion, an effort has to be made to see that nothing contrary to laws of this country are advertised or shown on these websites,” said a bench led by Justice Dipak Misra while rejecting an argument that the content on some websites could not be controlled since their servers were located abroad.
The court also expressed its displeasure at a 2010 affidavit of the Department of Information Technology, that the Centre could not block contents relating to pre-natal sex determination since it may not be offences in several other countries.
“As we understand from the affidavit, it reflects a kind of helplessness by the said deponent. That apart, we do not appreciate the manner in which the stand has been expressed in paragraph (s) of the counter affidavit…,” it said.
The bench asked Solicitor General Ranjit Kumar to assist it regarding the technical and legal solution to the issue. During the hearing, the counsel for the websites argued that they did not violate the Indian law and that they merely provided a corridor, without having any control on the content.
The bench then listed the matter for hearing on December 15, saying, “Be that as it may, a legal solution has to be arrived at.”
It has been alleged in a petition that despite the legal prohibition, websites like Google India, Yahoo India and Microsoft Corporation are “still getting things advertised in violation of the legal provisions contained in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act…”