Sabu Mathew George v. Union of India and Ors.
In the Supreme Court of India
WP(C) 341/2018
Before Justice Dipak Misra and Justice R. Banumathi
Decided on August 18, 2015

Relevancy of the case: Directions for blocking advertisements related to sex determination on search engines and websites

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Sections 69, 69A, 75, 79)
• The Constitution of India, 1950 (Articles 21, 14, 15, 38(1), 32, 51A(a))
• The Medical Termination of Pregnancy Act, 1971 (Section 5)
• The Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 (Sections 22, 26, 3A, 3B, 6)

Relevant Facts of the Case

• This petition seeks to ban advertisements on search engines related to sex determination. Such advertisements are in violation of the PCPNDT Act, 1994.
• In previous hearings, the court agreed that it is a search engine’s responsibility to block certain links that are contradictory to Indian laws.

Prominent Arguments by the Advocates

• The petitioner’s counsel has presented documentary evidence showing sponsored ads violating the provisions of the PCPNDT Act, 1994. The counsel further highlighted that advertisements are still visible despite the honourable court passing multiple interim orders for the removal. He further suggested that warnings against sex determination and female foeticide should also be visible on the Home Page along with the Terms and Conditions page.
• The respondents’ counsel submitted they do not have control over third-party websites.

Opinion of the Bench

• To prevent third-party slip-ins, the respondents should remove the ads immediately after the petitioner brings them to their notice.

Final Decision

• The court directed the matter to be listed after four weeks.

Shubhangi Gehlot, an undergraduate student at the Law Faculty, Maharaja Sayajirao University of Baroda, prepared this case summary during her internship with The Cyber Blog India in May/June 2021.