Watching child porn in public is not free speech, says SC

February 27, 2016

New Delhi, Feb 27: Watching child pornography cannot be allowed in the name of liberty or freedom of expression, the Supreme Court said on Friday, even as the Centre informed that an exercise to block such contents on the Internet has been undertaken.stop-child-porn

A bench of Justices Dipak Misra and Shiva Kirti Singh asked Additional Solicitor General Pinky Anand to take suggestions from the National Commission for Women and others in helping the government prepare a scheme to ban child pornography.

The court said there was a distinction between art and obscenity and pornography cannot be allowed in the name of freedom of speech and expression as this is not an absolute right.

SC Women Lawyers Association, represented by senior advocate Mahalakshmi Pavani, urged the court to ensure prohibition of watching child pornography at public places, saying it has become a moral cancer as reports of school bus drivers and helpers forcing children to watch such materials and molesting them have come to light.

Concurring with her plea, the bench said, “Children need to be protected from this kind of moral assaults as it has the potentiality to bring them physical disasters.”

The bench further said: “Children cannot be made prey to these kind of painful situations, and a nation, by no means, can afford to carry any kind of experiment with its children in the name of liberty and freedom of expression. When we say nation, we mean each member of the collective.”

The court asked the Centre to file an affidavit suggesting ways and means to curb child pornography.

The law officer said that it was difficult to ban all websites containing pornographic materials on internet.

Advocate Vijay Panjwani, appearing for petitioner Kamlesh Vaswani, submitted that watching pornography or being compelled for it can never come within the definition of freedom of speech and expression as mentioned under Article 19(1)(a) of the Constitution.

Rather, it may attract penal provision, he added.

During the hearing, the court also said at times people may find something as objectionable while others may call it art. It put the matter for further consideration on March 28.

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Agencies
July 21,2020

The Retailers Association of India (RAI) has said that ad hoc lockdowns by state governments are impacting the businesses of already-stressed retailers, along with hurting the economic revival of the country.

In a statement, the body of the organised retail industry said that the long road to recovery for the Indian retail industry continues to meet stumbling blocks with numerous restrictions being imposed at the state and local levels.

"Total lockdowns in some places and limited operational hours and days in several others are creating setbacks for retailers as the already stressed retail businesses are getting further interrupted and in turn, dampening consumer sentiment," it said.

According to RAI, although the intentions are that of citizen safety and social distancing, the recent instances of local lockdowns and ad hoc restrictions being imposed in Uttar Pradesh, Maharashtra, Andhra Pradesh and Karnataka are having a distressing impact on retail businesses.

Retailers are already facing huge setbacks in terms of payment of wages and rentals due to very low sales of about 40 per cent as compared to last year, thanks to the extended lockdown, it said.

Contesting the restrictions on operating hours, Sandeep Kataria, CEO, Bata India said: "Restricted shopping time can lead to unnecessary overcrowding of stores, which is unfavourable towards the personal safety of both store staff and customers. Longer operational hours will support recovery for retailers as well as help adhering to social distancing norms."

Arvind Mediratta, MD and CEO, METRO Cash & Carry India said that these lockdowns will create severe inconvenience for all citizens as they also bar operations of food and grocery retail and wholesale stores.

Such hastily-implemented decisions by states undermine investor confidence and would come in the way of making the country "aatmanirbhar" or self-reliant, he said.

Voicing the concerns of retailers, the RAI has submitted representations to various state and local authorities that puts forth recommendations to get businesses and life of consumers on the track to recovery.

It has said that authorities should mandatorily allow essential shops including kiranas, general trade shops, supermarkets, hypermarkets and wholesalers to operate every day of the week until 9 p.m. to cater to the daily needs of the customers.

It has also sought ensuring uniform and regular opening of all categories of retail for full working hours while following stringent hygiene practices and adhering to social distancing norms. This will help avoid overcrowding outside stores as demand will get distributed over all days of the week, it said.

The industry body has also asked the local authorities to open malls in all states. Malls can ensure a safe shopping experience wherein safety measures are taken by both, the mall authorities and the retailers, it said.

Kumar Rajagopalan, CEO, RAI, said: "The need of the hour is concerted efforts by all stakeholders. While retailers are doing their bit by following stringent hygiene practices, the policymakers too need to support to ensure economic revival across the country. Consumption is important for the country and supports the business environment."

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Agencies
July 28,2020

Ghaziabad, Jul 28: Days ahead of Eid-ul-Adha, Nand Kishore Gurjar, a BJP MLA from Loni assembly constituency in Ghaziabad, has stoked controversy as he asked people celebrating the festival to "sacrifice their children instead of animals" on the occasion. He also claimed that "meat spreads coronavirus" so people should not be allowed to sacrifice innocent animals.

"People who want to sacrifice on Eid should sacrifice their children. I will not let people consume meat and alcohol in Loni. We will not let people sacrifice innocent animals because meat spreads coronavirus," the BJP legislator said while speaking to reporters.

"The way people have followed the guidelines of the government by not offering prayers and namaz at temples and mosques to contain COVID-19, in the same way, they must not give the sacrifice of animals on this Eid," he added.

"Earlier, sacrifices of animals used to be done in Sanatan Dharam as well. However, now coconut is offered instead. I request the Muslim brothers not to give 'qurbani' of animals. We will stop those who will perform the ritual animal sacrifice. We will not let this happen in Loni," he said.

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News Network
June 23,2020

Jun 23: The U.S. government on Monday restricted charter flights from India, accusing the nation of "unfair and discriminatory practices" by violating a treaty governing aviation between the two countries.

Air India Ltd. has been making flights to repatriate its citizens during the travel disruptions caused by the Covid-19 outbreak, but also has been selling tickets to the public, the Transportation Department alleged.

At the same time, U.S. airlines have been prohibited from flying to India by aviation regulators there, the DOT said in its order. The situation "creates a competitive disadvantage for U.S. carriers," the agency said in a press release.

Air India is advertising a schedule that is more than half of pre-virus operations, the department said. "The charters go beyond true repatriations, and it appears that Air India may be using repatriation charters as a way of circumventing" that nation's flight restrictions, the U.S. agency said.

The order becomes effective in 30 days, the department said.

Indian airlines must apply to the DOT for authorization before conducting charter flights so that it can scrutinize them more closely, it said. The department will reconsider the restrictions once India lifts restrictions on U.S. carriers.

The action against India follows weeks of DOT restrictions against Chinese airlines after the U.S. agency accused that nation of unfairly banning American carriers in the wake of the virus. On June 15, the U.S. announced it would agree to allow four flights a week from China after it allowed the same number by U.S. carriers.

Attempts to reach Air India and the Indian embassy in Washington after business hours were unsuccessful.

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