The Supreme Court on Monday declined to entertain a public interest litigation seeking formulation of a national policy to curb the viewing of pornography, particularly by minors, observing that the issue primarily falls within the domain of policy and expert decision-making rather than judicial intervention.
The petitioner contended that pornographic content, including explicit material, is now available “at the click of a button” across digital platforms, making it easily accessible to children and adolescents. A Bench led by Chief Justice of India Surya Kant acknowledged the significance of the issue but held that evolving technological challenges require executive consideration. The Court observed:
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“The issue is of paramount importance, but it is not a question of law to be dealt with by this Court. It involves primarily a question of policy and technological advancement. We impress upon the authorities to consider this.”
The Bench further noted that such matters ordinarily fall within the domain of experts and the competent authorities, particularly the Ministry of Information and Broadcasting. As reflected in the order dictated in open court, the Bench observed:
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“Such issues ordinarily fall within the domain of experts and authorities, especially in the Ministry of Information and Broadcasting. Consequently, we dispose of this without expressing any opinion on the validity of the issues raised, while granting liberty to the petitioner to submit a representation. We impress upon the authorities to consider it.”
Accordingly, the Court disposed of the PIL without adjudicating on its merits, leaving it open to the petitioner to make an appropriate representation before the concerned authorities for consideration.