HC notice over condom ads regulation

JAIPUR: Rajasthan High court issues notice to the Centre challenging the ban of condom advertisements during day time on television as an " unhealthy practice and indecent for children."
The division bench of chief justice Pradeep Nandrajog and DC Somani issued notice to the Union government, director ministry of Information and Broadcasting and secretary Medical and Health department on a PIL by Brijesh Dubey, president of Global Alliance for Human Rights which has been working for the welfare of HIV+ patients since 2012.
The petition has challenged the Information and Broadcasting (I&B) Ministry advisory issued to all television channels on Dec 11 2017 by which the advertisement for condoms will only be allowed between 10 pm and 6 am ‘indecent’ for children.
The petition said "there are various benefits of condoms apart from family planning. Condoms can prevent the spread of HIV, Gonorrhea, Chlamydia, Trichomoniasis, Herpes, Syphilis, Chancroid. Using a condom can also reduce the risk of cancer from HPV (genital warts) and protects from getting an STD." While efforts are made to popularize usage of condoms as the best means of dual protection the advisory comes as a dampener, it said.
Prateek Kasliwal, counsel for the petitioner argued that Rule 7 (7) of The Cable Television Networks Rules, 1994 stipulates that “No advertisement which endangers the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service.”
He said if there is any violation of these rules there is a mechanism to proceed against the violators. "Even assuming for the sake of argument that the advertisement of condom is violative of Rule 7(7), 7(8) then how can the advertisement from the time beyond 10 pm to 6 am is non-violative, he asked . Therefore he argued that the very advisory is absurd and has been issued without application of mind.
The petition also said that such action is against the interest of public at large and vindicates the hypocritical approach, wherein Government in one hand promoting family planning, awareness about AIDS and STD and contrary to their stand on the other hand it is obstructing dissemination of Condom advertisement which are crucial for family planning, decreasing abortion deaths, awareness about HIV-AIDS and STD.