Delhi HC dismisses PIL seeking total ban on condom advertisements
New Delhi, July 08: The Delhi High Court today dismissed a PIL which sought a complete ban on condom advertisements.The PIL reportedly sought ban citing obscenity in condom ads.
Taking note of this, the HC said here are enough checks in place to monitor the concern raised by the PIL. The court further said that the government allows such advertisements as part of policy decision and that there are adequate guidelines to monitor such ads.
Condom advertisements is a contentious issue in India. In December 2017, the Ministry of Information & Broadcasting issued an order restricting condom advertisements to late night between 10pm and 6am on TV channels.
A few days after the order, Rajasthan High Court issued a notice to the I&B ministry, the principal secretary to the central government and the Union health secretary asking why can't condom commercials be telecast outside the currently affixed hours between 10 pm to 6 am.
To this, the Information and Broadcasting Ministry clarified that advertisements of condoms that are not sexually explicit and do not objectify women can continue to be aired on television at all hours.
Then in May 2018, Global Alliance for Human Rights filed a petition and contended that the order of the Information and Broadcasting Ministry was 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.
The Rajasthan High Court then dismissed the petition against the Centre's order. Wgile dismissing the petition, the Rajasthan HC that the advisory issued to regulate the telecast of advertisement of condoms was well within the purview of the authorities.
"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 had then said.