Sabu Mathew George v. Union of India
In the Supreme Court of India
W.P.(C) 341/2008
Before Justice Dipak Misra and Justice R. Bhanumati
Decided on February 16, 2017

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 (Section 69A)
• The Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 (Section 22)
• The Constitution of India, 1950 (Article 19(1)(a), 32)

Relevant Facts of the Case

• The petitioner filed a writ in 2008 regarding the lacklustre approach of the respondents in stopping the advertisements on their search engines.
• The petitioner suggested prohibiting and auto-blocking advertisements related to sex selection, pre-natal or pre-conception child sex and subsequently for abortion.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the respondents’ measures were inadequate. The counsel pointed out from an affidavit that some agencies are still publishing such advertisements.
• The respondents’ counsel submitted they would implement the auto-block feature. However, such advertisements must be brought to their notice.
• The Union of India filed an affidavit for submitting the details of setting up a Nodal Agency to receive complaints on the violation of Section 22 of the PCPNDT Act, 1994.

Opinion of the Bench

• The doctrine of auto-block must be applied within a reasonable time. The court found it difficult to accept the submission that respondents could only do the needful if brought to their notice. It has to be an in-house procedure.

Final Decision

• The search engines shall appoint an in-house expert body. This body shall ensure their search results comply with Section 22 of the PCPNDT Act, 1994.
• The court directed the matter to be listed on April 11, 2017 for further hearing.

Tuba Aftab, an undergraduate student at IIMT & School of Law, GGSIPU, prepared this case summary during her internship with The Cyber Blog India in May/June 2021.