Supreme Court gives govt time to suggest ways to ban child pornography

March 28, 2016

New Delhi, Mar 28: The Supreme Court on Monday gave time to the government to suggest ways to ban child pornography in all its forms and took on record the Centre's earlier direction to internet service providers to block porn sites.

child"In pursuance to our earlier order, some suggestions have been filed. The Centre has sought two weeks time to file its suggestions. Put up the matter for further hearing in the week commencing from April 18," a bench headed by Justice Dipak Misra said. Additional Solicitor General Pinky Anand, appearing for the Centre, said due to holidays, the meeting of concerned departments could not be held and sought two weeks to file suggestions on the issue of banning child pornography.

The bench, also comprising Justice Shiva Kirti Singh, took on record the suggestions given by the advocate Vijay Panjwani appearing on behalf of petitioner Kamlesh Vaswani to block the pornographic sites, especially those containing child pornographic contents. Panjwani also placed on record, the government's last year's order in which Internet Service Providers were directed to block websites containing pornographic content, submitting that similar steps are required to be taken to ban such websites containing child pornographic materials.

The apex court had on February 26, asked the government to suggest ways to ban child pornography saying the nation cannot "afford to carry on any experiment" in the name of "liberty or freedom of speech and expression".

It had said that innocent children cannot be made prey to this kind of painful situation and a nation cannot afford to carry on any experiment on children in the name of liberty or for that matter freedom of speech and expression. It had asked the government to seek advice from experts and suggestions from the National Commission for Women (NCW) on banning of websites dealing with adult and child pornography.

A women lawyers' body had earlier moved the apex court seeking blocking of all porn websites, saying that pornography "corrupts" the mind of the young generation and leads them to commit crime against women and children. The intervention application filed by the SCWLA, had come after the Centre's decision to lift ban on 857 porn sites.

On August 10, last year, the government had told the Supreme Court that it does not believe in a "totalitarian" state and cannot become moral police. It had termed the issue relating to banning of porn sites as a "grey area" and said that violation of fundamental right of speech and expression will also arise and hence, the matter needed public debate.

The petitioner had pleaded that although watching obscene videos is not an offence, pornographic sites should be banned as they were one of the major causes for crimes against women. "The sexual content that kids are accessing today is far more graphic, violent, brutal, deviant and destructive and has put entire society in danger, so also safety threats to public order in India.

"The petitioner most respectfully submits that most of the offences committed against women/girls/children are fuelled by pornography. The worrying issue is the severity and gravity of the images are increasing. It is a matter of serious concern that pre-pubescent children are being raped," it had said.

Comments

Satyameva jayate
 - 
Tuesday, 29 Mar 2016

First bring death penalty for rapisis...and ban liquour and control drugs...all these web activities are easy to be blocked....just try to arrest few veiwers through IP and block all proxy sites....

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News Network
March 28,2020

Bengaluru, Mar 28: Karnataka Director General of Police Praveen Sood on Saturday asked philanthropists who want to support the poor during the lockdown to leave food at the nearby police station, who will ensure that it reaches the needy.

The DGP has asked the Bengaluru City police Commissioner to take steps in this regard and ensure fair distribution.

"All philanthropists, in case you want to support poor. Leave cooked, packed, simple food at the police station and it will reach poor. @CPBlr pl announce a nodal officer for deciding the police station for fair distribution," Sood wrote on his official twitter handle.

Responding to the DGP's tweet, city police Commissioner Bhaskar Rao appointed Joint Commissioner (Crime) as a nodal officer.

"Sandeep Patil, IPS, Joint Commissioner, CRIME at 9480801011 is the officer nominated from Bangalore City Police to receive and acknowledge donation of food and consumables for distribution to police and those in need," Rao tweeted.

Meanwhile, the city police has also initiated measures to take those in critical medical emergency to the nearest medical facility.

"We @BlrCityPolice are at your service 24/7 to take you to nearest medical facility in critical medical emergency, dialysis, chemo, emergent heart issues etc PLEASE CALL 100 Misuse may affect someones life! Be responsible #CoronaLockdown is National Duty #Covid19India," Additional Commissioner of Police (Administration), Bengaluru, Hemant Nimbalkar tweeted.

Bengaluru police's initiative of distributing food, snacks, water and certain essential requirements to those in need has received wide appreciation.

While some police stations are already providing food to poor and those in need by collecting it from sponsors, couple of them have even hired a cook for the needy.

The lockdown has affected the poor who depend on their daily wages for livelihood.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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coastaldigest.com news network
June 9,2020

Bengaluru, Jun 9: The total number of positive COVID-19 cases in Karnataka rose to 5,921 on Tuesday after the state reported two deaths and 161 new cases of the virus.

"Two deaths and 161 new COVID-19 positive cases reported from yesterday 5 pm till today at 5 pm, taking the total number of positive cases to 5,921," said Karnataka Health Department.

The toll in the state is presently at 66.

While 164 patients have been discharged today, the number of discharged patients so far is 2,605. The active cases in the state stands at 3,248.

Among the new cases, Yadgir contributed highest (61), followed by Bengaluru Urban (29) and Dakshina Kannada (23). Udupi did not report any new case. More details to follow.

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