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The bench of Chief Justice Dipak Misra and Justice Amitava Roy and AM Khanwilkar heard the matter in relation with the ads of Sex Determination In India because of which there was a flump in female children .
Sex determination is banned in India , even its advertisement is punishable by law. Today , the petitioner Sabu Mathew and senior advocate Sanjay Parekh, informed the Supreme Court that despite the court order and the existence of a nodal agency to monitor such ads on the internet which could have been effective in preventing these illegal advertisements from being published , were still found on Internet search engines.
The PIL is regarding advertisements in violation of the legal provisions contained in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
The court has sought petitioner Mathew’s suggestions on how the Centre’s nodal agency—set up after the top court’s order—The Centre’s counsel, Solicitor General Ranjit Kumar, said that so far seven complaints had been received between February 18 and 26.
He said they had been forwarded to the respective websites for action. He said that it is a tedious task for the government officials to monitor such a vast network. The nodal agency has no power to take suo motu cognizance of the complaints.
During proceedings in April this year , senior counsel Sanjay Parikh referred to the response filed by the Health and Family Welfare Ministry which has said that no restrictive meaning could be given to the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act’s section 22 which prohibits the Advertisement relating to pre-natal determination of sex and punishment for contravention .
While Microsoft denies to receive any complaints so far . And Google said that they remove all the objectionable materials as and when they receive the complaints.
The matter has been listed for November 24.