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Supreme Court asks search engines to delete information on sex determination

A Bench said a nodal agency would inform search engines about any advertisements on prenatal sex determination on websites

Supreme Court asks search engines to delete information on sex determination

A judge hitting gavel with paper at wooden table. (Photo: Shutterstock)

Press Trust of India
Search engines like Google, Yahoo! and Microsoft were on Wednesday asked to “delete” advertisements pertaining to prenatal sex determination in India within 36 hours by the Supreme Court. The apex court directed the Centre to appoint a nodal agency to monitor the websites.

A Bench of Justices Dipak Misra and Amitava Roy said the nodal agency would inform these search engines about any such advertisements on the websites and Indian arms of Google, Microsoft and Yahoo! would delete them within 36 hours.

“We direct the Union of India to constitute a nodal agency which would give advertisements on TV, radio and in newspapers....that if anybody comes across anything which identifies a girl or a boy (at prenatal stage), it should be brought to the notice of the nodal agency. Once it is brought to the notice of the nodal agency, it shall inform the search engines and they, after receiving the information, are obliged to delete it within 36 hours and inform the nodal agency," the Bench said.
 

The apex court, which fixed the matter for further hearing on February 17 next year, said the “interim arrangement” would continue till the issue pertaining to advertisements relating to pre-natal sex determination was “debated” upon before it.

During the hearing, the Bench expressed concern over the declining sex ratio and said, "Whether one will have a boy or a girl, that kind of information is not necessary in India. The sex ratio is going down here and we are concerned about that."

“We had passed an order recently on this. Whether you are making money or not, we are not concerned with that. The 1994 (Pre-Conception and Pre-Natal Diagnostic Techniques) Act says nobody shall propagate (prenatal sex determination) and if anyone is propagating, it has to be stopped,” it said.

"Whatever is prohibited under the Act cannot go through it (websites)," the bench observed, adding, "If anyone comes across anything which offends or has an impact on the sex ratio in India, it shall be removed by the search engines within 36 hours."

Senior advocate Abhishek Manu Singhvi, who was appearing for Google India Pvt Ltd, said they have complied with the earlier order passed by the apex court in the matter and they have already taken steps to block any such advertisements.

The counsel appearing for the other search engines also said that they have taken steps to comply with the provisions of the Act. However, they contended that the matter requires further debate.

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First Published: Nov 17 2016 | 2:22 AM IST

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