SC asks Centre how to regulate Sexually Exploitative Content on Social Media

Written by Siddharth Manohar

The Supreme Court on Friday rejected a petition to block websites of dominant social media platforms, on the ground that they were used to spread videos of gang rapes and to facilitate a market for child prostitution. The two Judge bench of Justices UU Lalit and Madan B Lokur reasoned that blocking these sites was not a feasible solution, as it would set a trend of blocking wide parts of internet access to solve specific problems with how it is used.

The decision is in light of a petition filed by Hyderabad-based NGO Prajwala, asking the Court to ban social media websites used to traffic children and put in place a mechanism to monitor the content circulated through mobile applications such as Whatsapp. The same bench had in April recognized the importance of regulating objectionable sexual material being circulated through social media applications. This was based on suo-motu cognizance of a letter addressed to the then Chief Justice of India HL Dattu, asking the Court to take action against those responsible for posting a video of an incident of gang rape on social media.

The Court has asked the Additional Solicitor General to look into why no action was taken against the social media platforms by the police who were dealing with the cases.  The Centre had earlier communicated that it is difficult to monitor content which is circulated through mobile phones, and even more so to find the culprit starting the process. Tracking the user becomes much easier, they said, when a computer is used in spreading the objectionable content.

The Court did however refer to the Central Government the important question of whether these social media platforms can be prosecuted for their role in spreading offensive material such as video recordings of rape and child pornography. The Court added that they would wait for a response from the Central Government before deciding what action ought to be taken in the matter.

Earlier orders in the matters can be accessed here, and here.

Govt pushes UID Bill through to quash SC case

Author: Nikhil Kanekal

The union government’s swift approval of the National Identification Authority of India Bill through the cabinet of ministers on 8 October, even as its law officers stood before the Supreme Court in a related case, is a strategic move that could make the public interest petition infructuous.

If the bill clears Parliament during the winter session, then the United Progressive Alliance’s Unique Identity scheme will finally attain legitimacy and statutory backing. The bill could fashion conditions under which it is mandatory to get an Aadhar card to avail certain public services. This was the stance taken by the government before the court, which is scheduled to hear the matter on 22 October. The supply of subsidised gas is likely to temporarily cease, since the court decided not to modify its order of 23 September.

The current case is causing controversy because certain government departments have made it mandatory to possess an Aadhar card to avail of basic public services. The petition was brought by a retired judge of the Karnataka high court who was asked to obtain an Aadhar card to be paid his dues.

One of counsels for the petitioner admitted that if Aadhar gets Parliamentary approval, the case would fall apart. But the counsel added that they would challenge the newly formed law in that scenario. “Yes, the case will become infructuous. We will have to challenge the law.”

Meanwhile, a fresh news report reveals that thousands of school students not being able to get access to benefits of scholarships announced by the government in Jharkhand:

Data from the district welfare office show that 23, 817 children availed themselves of post-matric scholarships for the SC/ST and OBCs — one of the seven schemes linked to Aadhaar — in 2011-12. But in 2012-13, after Aadhaar was made mandatory for students, this dropped by 35 per cent to 15,638. The sharpest reduction is in the number of beneficiaries from tribal families. In 2011-12, 16,058 ST students got scholarships, while the next year this fell to 8,985.

Government says it cannot provide subsidies without Aadhar

Author: Nikhil Kanekal

The union government’s position on Aadhar attained some clarity during a hearing before the Supreme Court on Tuesday. Attorney General Goolam E. Vahanvati told the bench, “You (citizens) need not take Aadhar. It is not mandatory. But if you want to get a benefit, if you want to get a subsidy, then you need to get Aadhar.”

The court, however, refused to vacate its interim order of 23 September, causing much heartburn to the union government, which simultaneously moved a bill through the union cabinet to legitimize the Unique Identity program or Aadhar. The bill is expected to be tabled in Parliament during the upcoming winter session and finally give Aadhar a statutory status. Justices B. S. Chauhan and S. A. Bobde said the court would hear the case at length on 22 October.

The government submitted to the court that Ministry of Petroleum and Natural Gas (MoPNG) relies on Aadhar to provide subsidies to the public. “There is a problem now. MoPNG distributes subsidised cooking gas to the tune of Rs. 40,000 crores,” said Vahanvati to the bench, adding, “Aadhar is the only foolproof mechanism through which we can do this.”

Justice Bobde observed: “You are saying it is a condition of supply. But there was a series of problems.” – referring to the non-payment of salaries by the Bombay High Court to those who did not possess an Aadhar card, as well as other controversial policies by some departments, who made it mandatory to receive basic public services. “This is a double-edged sword. You file you affidavit with all the other applicants, then we will see,” said the court.

The government approached the court for a modification in its order which said “no person should suffer for not getting the Adhaar card inspite of the fact that some authority had  issued a circular making it mandatory”. This has caused the government concern because it has begun using Aadhar to provide direct cash transfers (Direct Benefit Transfer) to residents so that they can avail subsidies on cooking gas.

Additional Solicitor General Nageshwar Rao, who appeared for three companies engaged in the distribution of cooking gas to consumers, told the court that unless it vacates, at least partially its order, “the distribution of subsidised gas would come to a grinding halt”.

Vahanvati pleaded, “Please see my application; if you can give me some relief today, then thousands of people will benefit.” However, when the court continued to refuse on the ground that it would hear the case later, Vahanvati accepted, but cautioned, “In the meantime people will not get subsidised gas.”

Earlier, a procedural controversy briefly stalled proceedings with Anil B. Divan, counsel for the petitioner, accusing the government’s law officers of “mentioning the matter behind our backs” before different benches of the court. He said the government was attempting to get an order from the court without the presence of the other side. He also claimed that the government had failed to serve its affidavit to all the petitioners in advance, thereby denying them a chance to respond in writing or come prepared to the hearing.

The court adjourned the matter directing the government to serve and respond to all petitioners in the case.