The Centre’s notification banning condom advertisements during primetime on television has come under scrutiny of the Rajasthan High Court, which on Wednesday sought response from the Ministry of Information and Broadcasting in eight weeks.
A Division Bench of Chief Justice Pradeep Nandrajog and Justice Dinesh Chandra Somani told the Centre to explain the rationale of imposing a ban on telecast of condom ads from 6 am to 10 pm on television channels. The order came on a petition filed by a NGO Global Alliance for Human Rights that works among HIV +ve patients.
The Government’s directive to all television channels came on December 11, 2017 restricting the time for showing advertisements on condoms between 10 pm and 6 am. The PIl alleged that such a ban has been imposed without regard to the objective of family planning and prevention of AIDS.
Advocate Divesh Sharma, who argued the PIl questioned the authority of law under which such a directive was issued.
He referred to Rule 7(7) of Cable Television Networks Rules 1994 which allows Centre to curb the telecast of any advertisement if it "endangers safety of children", "creates in children any interest in unhealthy practices" or "shows them in an undignified or indecent manner". The directive does not cite any reason for declaring ads on condom to be an unhealthy practice under the Rule.
Since the NGO works for welfare of HIV+ patients, the petition underscored the need for promoting the use of condoms which has helped in the prevention of AIDS and promoting family planning. According to data provided by the Ministry of Health and Family Welfare, publicity of condoms has helped condom distribution to rise from 1.8 billion pieces in 2007-08 to 2.7 billion pieces in 2012-13. During this period, paid condom market in rural areas grew by 70 per cent.
The petitioner submitted that in India sex and contraception still remains a taboo and men and women are still embarrassed to shop for condoms.