I am very happy to submit below an excellent article written by Sri AASHISH M DAFARIA and which is collected from site of lawyers club. I salute the writer of this article which has highlighted enlightened and explained the dirty nature of persons and media who are opposing the proposed ban on porno sites. I praise because he has boldly written against people who in the name of freedom are supporting porno sites which are slowly and gradually finishing Indian culture. It is these sites which are spoiling the minds of children much before they are mentally matured .
In olden days when such provocating material used to be sold in black markets by bad people ,it was not accessible to common men . These materials were however sold and exchanged under cover and in concealed way. Hardly one out of one lac had an access to dirty porno materials. Now when internet is available in the hand of each child right from first year of his or her birth, dirty porno material in not only print but in clearly visible video form is freely and candidly available to persons of all ages without any restriction or any censor. These sites promote not normal sexual behaviour of adult but abnormal animal like behaviour which affects badly all involved either in doing or in watching. Such dirty pictures, films and video clips are no more restricted to matured or adult. Undoubtedly such freedom had badly damaged human culture and is the root cause that cases of rape or misbehave with female has increased too much during last few years.
When any mis-happening occurs on any girl child, supporters of porno site in the name of freedom will also shed Crocodile tears. As a matter of fact these people may also advocate providing a gun for each child in the name of self defence. Giving access of porno site to child or even grown ups is equivalent to giving arms and ammunition to people who neither have need of it nor do they know how and when to use arms. No doubt such freedom of watching porno sites is giving arms and fire to child.
Here it is vital to note that people who are supporters of porno sites and who are opposing ban proposed by Government will never like their family members to watch such porno sites even in their dream.
I have no hesitation in saying that only enemy of the country can only promote and support porno . All well wishers of mankind, of social peace and of good culture will firmly and strongly oppose people and media men who are pro-porno sites. I strongly condemn who oppose ban on porno sites and appreciate government for taking such a nice step which will definitely help in making a strong and healthy India and Indian culture.
There are some people in Indian politics and there are some political parties in India who have lost election due to rising popularity of Mr. Narendra Modi and BJP or due to scam ridden UPA government or due to Team Anna Movement and crusade against Corruption. These frustrated politicians and political parties are trying by hook or by crook to tarnish the image of Mr. Narendra Modi Prime Minister of India. These political ambitious people can go to any extent to malign the image of Mr. Modi and BJP even if they for this purpose need to support terrorists, or enemy country like Pakistan or any anti -national or anti -social forces, not to speak of extending support to porno sites in the name of freedom of media.
Dirty politicians of this country do not feel shame even in provoking army against government knowing very well that if army gets politicised , India will become weak. Congress Party and other parties could not implement One Rank One Pension (OROP) but criticising Modi even though he has successfully fulfilled the promised task in a period of one year. Kejriwal is unable to afford cheaper water and electric power, but criticising Mr. Modi just to malign Modi without taking care of its repercussion . This type of dirty politics will damage India in the long run.
Leaders of these parties will not support ban on Porno site only because the same is proposed by Modi and BJP government. Selfish politicians are clever in giving communal and emotional colour to every issue. They are least bothered what other countries think about India when they see dirty debate on Indian media on non-issues.
I therefore conclude that real enemy of our country lies not across the border in Pakistan or elsewhere, but they flourish in Indian territory, Indian Parliament , Indian MEDIA , Indian society and Indian administration. Pakistan or anti-national forces in India are getting stronger day by day not due to Daud or Hafiz or LAT or Al-Quida or ISI or naxalites but only due to Black Sheep living in India who for their self interest and for greed of power and money are spreading poison and dividing the society in the name of caste, community or region or religion or in the name of so called absolute freedom granted by Constitution .
I lastly urge Members of Parliament and Members of all state Assemblies to support Modi Government in banning porno sites as proposed in the bill and help the government in introducing hardest , severest and strictest punishment to those who by distributing porno material are attacking directly on Human culture.
Child is the father of Nation . If Indian children are strong ,India will grow stronger. MPs and MLAs have been elected by voters of this country to safeguard and protect future of Child, future of India and future of mankind. They are meant only to protect their electoral seat or their party.
I make an earnest appeal to all elected representatives to come out of temporary and transitory motto of saving their personal career or their political parties or so called freedom of media and extend wholehearted support to government in building a stronger and healthier and culturally stable and admirable India.
There is an old proverb that If wealth is lost nothing is lost , if health is lost something is lost but if character is lost , everything is lost.
Country will become powerful not only by accumulating arms and ammunitions but by providing right education , good character and healthy culture to all Indian citizens.
Following is the test of article written by Honourable and respectable Sri AASHISH M DAFAR
The Central Government is contemplating to ban all web sites displaying pornography contents. A statute is getting ready in this regard. The ban has already been implemented in all the Gulf countries and in some other Islamic countries as well. A section of media always cries ‘foul’ in the name of protectors of rights against moral policing.
Anything touching upon or attempting to regulate/control principles, culture, character, morals, behaviour of individuals in public and in private, ethics, etc is opposed in the media as invasion into privacy rights and moral policing by the State.
What is privacy as guaranteed by the Constitution of India ? Have we forgotten the national pledge which we took each day at the school assembly during our days, wherein the most outstanding words which linger in our memories are ‘........... I am proud of its (our country’s) rich and varied heritage.......’. Will our future generation be able to say the same pledge and feel proud of our heritage ? Is that heritage being subjected to damage by mislead youth and younger generation through various means, modes, and media ?
Reasonable restriction was always permitted in the Constitution. Freedom is always coupled with obligation. Freedom is always connected to restriction because unrestricted freedom may deny freedom for others, which is not the concept of any civilized society. What is affecting privacy if there was no material to be displayed on website amounting to abusive and pornographic contents ? Is it not the duty of the State to provide a Governance of welfare for the people ?
Implementing laws or imposing restrictions amounting to ban of website displaying pornographic contents is now being termed vociferously in the media as denial of right to be private and to do acts and deeds that fall within the ambit of privacy. The campaigners go to the extent of citing examples from ancient books on sex education like Kamasutra and the display of nude and semi nude sculptures in a series of sexual acts performed during ancient times sculpted and displayed on most of the heritage buildings and also in certain places of worship as well and of course the areas inside the temple and places of sanctum sanctorum were all carefully excluded from such painting, pictures and sculptures.
One cannot resist the irritation of such a comparison for the simple reason that the impact of powerful audio visual advanced technologies projecting motion clips and pornographic pictures of people around the world across religion, language, races, orientation, etc are not definitely indented to educate or inspire or create interest in permissible acts of sex. By permissibility the Author only intents to relate the reader to the basic requirement of being recognised Adults who alone can consent and participate in acts of sexual benefits for each other.
I do not intend to question or intervene into the rights of persons of same sexual orientation, be it gay or lesbians. Whether countries accepted such same sex practices and whether our country is ready or prepared to accept it, is not the topic for present discussion but I had to stray away into those areas because the explosive sexual content available on the net crosses all acceptability, all permissibility, and all laws and rules of a civilized country claiming to be on the verge of becoming one of the most intellectual countries capable of leading the entire world.
Can notifications displaying ‘sexually explicit material’, and ‘not to be viewed by person less than 18 years’ or ‘click here if your above 18 years’ be sufficient warnings to ensure that persons below 18 years are not having access to such material? Consent of minors is not material and they have no right to consent according to the ingredients of many of the sexual offences including but limited to the offence of rape. When that be so, how a click on the mouse or a tap on the keyboard or a touch on the phone screen by a minor child constitute confirmation of the age of the child or recording the consent of the user who may be a minor, so as to enable the commercial websites to victimize young minds of our country and pollute the same at a very nascent stage of their life.
Human trafficking, abduction of girl children at a very small age from schools and public places, involving children into sexual offences for creating library of pornographic contents, using children for prostitution, immoral trafficking for the purpose of prostitution, etc are all punishable grave criminal offences under the Indian Penal Code as of today.
Hon’ble Supreme Court of India, in the PIL filed by NGO Bachpan Bachao Andolan, recently took serious stock of the huge number of missing girl children in our country and directed all the State Governments to submit status report on the cases registered and stages of investigation, etc.
Can we shut our eyes to such gross deterioration of moral standards and keep questioning the right of the Government to issue orders/ rules which are appearing to be moral policing? Why are we not willing to learn from such vast deterioration of moral and cultural standards? Can we honestly tell that the invasion of online technology and its development has not contributed in any manner for the pollution of our young minds ? Education on sex and physical changes in body during the adolescent ages and impact of hormonal changes in young people and the right concept of sex are all definitely necessary for the growth of a developed country and for the control of crime against women also to a larger extent and no one will ever deny it.
Strange situation in our country which has to be observed quite deeply in comparison with other countries is the fact that we have not yet attained complete literacy till date. By literacy, here, I mean and insist on basic school education for every child of the country. But the ‘e-literacy’ has reached every nook and corner of the country due to the invasion of the Mobile phone technology with add-ons such as smart phones, android phones, tablets, phablets, etc. It is necessary to view the impact of such voluminous and sexually explicit and explosive materials being made available online to a huge chunk of people across various age groups and of semi literate/ illiterate category and the impact that creates in them. Will it generate a balanced knowledge based understanding in the minds of such people or is it likely to flame up the lust in utmost negative manner within them, later on exhibited in the form of group rape and rape of innocent girl children of our country as well as the tourist who visit our country as our esteemed guests ? How a claim of privacy can be put against such an urgent need to check deterioration of moral standards which can be achieved through imposing valuable restrictions on the exhibition of such pornographic website.
Whether it should be a ban or there should be reasonable restriction for viewership and whether a government issued ID be made mandatory for enabling access to such sites and whether online advertisements of such sites and free trial and free detour packages be completely banned and prohibited and inaccessible to anyone on the net and whether picturized or motion clips to promote and advertise such pornography sites can be done away with proper regulations, have to be constructively discussed by responsible higher officials of the civil and police administration and appropriate Government’s order/direction to the Information and Broadcasting Ministry as well as Ministry of Telecommunication be issued to check the menace.
M.L JOSEPH
MANAGING PARTNER, CHENNAI LAW ASSOCIATES
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