The Supreme Court on Monday heard a petition seeking a ban on streaming of online pornographic content. The court issued notice to the central government and 9 OTT-social media platforms seeking answers.
A bench of Justice BR Gawai and Justice Augustine George Christ said that the petition creates a serious concern. The Center needs to take some steps on this. This case comes under the jurisdiction of the executive or legislature. We are also accused of interfering in the jurisdiction of the executive. Still we are issuing notice.
Solicitor General Tushar Mehta, appearing for the Center, said that some regulations regarding content on OTT and social media platforms are already present. The government is considering implementing and new rules. Advocate Vishnu Shankar Jain appeared on behalf of the petitioner.
In fact, the Supreme Court has demanded the central government to issue guidelines to ban OTT and social media platforms to stop pornographic content. The petitioner argues that such materials negatively impact the youth and society.
The court also said on 21 April- Center’s work making rules
The Supreme Court had earlier heard the same petition on 21 April. Even then the court had said that the issue raised in the petition is a policy matter and it is under the jurisdiction of the Central Government. Rules in this regard are the work of the center. Justice Gawai had said, “We are being accused that we are interfering in executive and legislative works.”
This remark of the Supreme Court came after the recent comments made by Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey. Both accused the court of judicial encroachment. Since then, there is a debate on the jurisdiction of the Supreme Court.
Dhankhar said on 23 April that Parliament is at the top. No one can be on him. MPs are the real owners, they decide what the constitution would be like. There can be no other power on them. Earlier on April 17, Dhankhar had said that the work of the Supreme Court is as if it is the Supreme Parliament.
Prior to Dhankhar, Nishikant Dubey had said that the President appoints the Chief Justice. In such a situation, how can CJI give instructions to a President. The Supreme Court had also fixed a month line for the President for the state government bills. After this decision, Nishikant Dubey and Jagdeep Dhankhar made statements.
