The Supreme Court has directed Google, Yahoo and Microsoft to withdraw all advertisement of clinics and doctors promoting sex selection and gender determination. Passing an order on Wednesday on a PIl by one Sabu Mathew George, the SC Bench, headed by Justice Dipak Misra, justified the decision due to the deteriorating female sex ratio in the country and the increasing menace of female foeticide.
In his petition, George — who is a member of the National Inspection and Monitoring Committee set up by the SC in 2003 to inspect and report the implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — pointed out how despite the ban on sex selection clinics, the business proliferated on internet search engines where these sites or links were accessible. Section 22 of the PNDT Act makes advertisement of pre-conception and pre-natal sex determination punishable with maximum term of three years.
The Centre supported the petitioner’s concern and volunteered to block the specific websites or links on furnishing of information. Solicitor General Ranjit Kumar told the SC Bench, comprising Justice PC Pant too, the problem could be tackled better by the search engines Google, Yahoo and Microsoft as they have domain knowledge and can access the specific “mathematical algorithm” constituting the internet protocol address every time the key word relating to sex selection or sex determination was typed for search results.
The Ministry of Communications and Information Technology’s affidavit stated that blocking URls may not be effective as many sites employ “proxies” to avoid blocking. As against it, blocking or filtering the key words giving information and sponsored links on sex determination clinics will be effective.
The counsels for Google and Yahoo objected to blocking the sites based on entering of key words. Doing so would also curtail good search information to the users, and thus detrimental to their operations, they contended. Arguing for Google, senior advocate Shyam Divan said that some advertisements could still slip through despite checks put in place as search information and sponsored links appear in conjunction. He further pointed out that search engines generate million websites linked to a key word and it won’t be possible to block them all.
The Bench said, “…as an interim measure, it is directed, the respondents, namely, Google, Yahoo and Microsoft, shall not advertise or sponsor any advertisement which violates Section 22 of the PNDT Act, 1994. Each company has to display the court order in their terms of service and the policy page and even withdraw any existing advertisement or link forthwith.”
Petitioner’s lawyer Sanjay Parikh informed the court that the search engines were capable of blocking the advertisements as they have done so in other countries in the past. The Bench questioned, “In respect of other countries, you have blocked certain things…in essence you agree that there should be no advertisement by you or by any sponsored link.” The matter has been adjourned for February 4 when the court will consider total blocking of websites by Centre based on information supplied by the search engines.