Condom ads on TV: Rajasthan High Court dismisses NGO's plea challenging Centre's ban

The Rajasthan High Court has dismissed a plea against the Centre's order allowing airing of condom advertisements only after 10 PM, and rebuked the petitioner NGO for "proxy litigation".

Published: 01st May 2018 05:07 PM  |   Last Updated: 01st May 2018 05:09 PM   |  A+A-

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JAIPUR: The Rajasthan High Court has dismissed a plea against the Centre's order allowing airing of condom advertisements only after 10 PM, and rebuked the petitioner NGO for "proxy litigation", observing that the "obscene" ads were only aimed at promoting condoms as 'instruments of pleasure' and not for contraceptive use.

The court was unimpressed by the arguments of the counsel for NGO Global Alliance for Human Rights, Prateek Kasliwal, who contended that the order of the Information and Broadcasting Ministry is a restriction on the business of the condom industry and will have a deteriorating effect on the awareness mission of the NGO which is working to combat AIDS.

READ | With kids in mind, Information and Broadcasting ministry pulls out condom ads from prime time TV

"This country has grown from 45 crore population post-Independence to over 1.3 billion as of now. Where were you and the condom campaign to prevent population explosion?" a bench of justices Gopal Krishan Vyas and G R Moolchandani said.

"You are not concerned with use of condom as contraceptive but for preventing STDs (sexually transmitted diseases). We fail to understand what's wrong if the obscene advertisements in the name of condoms are regulated and allowed only between 10 PM to 6 AM," it said.

The bench came down heavily on the NGO saying, "you are not espousing your cause but cause of someone else. We don't appreciate proxy litigation."

"The advertisements are so obscene that one cannot watch them in Indian social structure with family. What to say about (the contention of) giving a message for using condom as contraceptive. Companies are promoting it (condom) as pleasure instruments," the court said The bench dismissed the petition yesterday, holding that the advisory issued to regulate the telecast of advertisement of condoms was well within the purview of the authorities The Ministry of Information and Broadcasting had in an advisory to all television channels in December last year asked them to restrict condom advertisements to late night between 10 PM and 6 AM.

The ministry had said that it was brought to its notice that some channels carry advertisements of condoms repeatedly which are alleged to be indecent, especially for children It had referred to Rule 7 (7)of the Cable Television Networks Rules 1994, which says, "No advertisement which endangers the safety of children or create in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service" It had also cited Rule 7 (8) which states that "indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements".

TV channels are hereby advised not to telecast the advertisements of condoms, which are for a particular age group, and could be indecent/inappropriate for viewing by children, the advisory read.

India Matters


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  • Ashish Davessar

    Is it a sin to obtain pleasure? These overly freaked out judges should know that an act of deriving sexual pleasure between consenting adults is not illegal. The only object of having sex is to obtain pleasure. Except twice or thrice in our life we do not have sex to make a baby. If this judge is not mature enough to watch with his family an advertisement where condoms are shown as "instruments of pleasure" then he should change and rather switch to a channel where bhajans are aired. Extremely puerile, your lordships. Judges are not supposed to bring their personal notions into play while deciding cases. Be that as it may, nothing better expected from these narrow minded Rajasthani judges.
    5 years ago reply
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