DR. SABU MATHEW GEORGE versus UNION OF INDIA & ORS.

Citation: [2017] 12 S.C.R. 153 · Decided: 13-12-2017 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off
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Judgment (excerpt)

[2017) 12 S.C.R. 153 
DR. SABU MATHEW GEORGE 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 341 of 2008) 
A 
DECEMBER 13, 2017 
B 
[DIPAK MISRA, CJI, A.M. KHANWILKAR AND 
DR. D.Y. CHANDRACHUD, JJ.] 
Pre-conception and Pre-natal Diagnostic Techniques 
(Prohibition of Sex Selection) Act, 1994 - s. 22 - Prohibition of C 
advertisement relating to pre-conception and pre-natal determination 
of sex and pu11ishment for contravention - Writ petition u/Art. 32 
seeking iss11a11ce of necessary directions for effective implementation 
of the Act, issuance of direction to the Ministries concerned to block 
all such websites, namely Google India, Yahoo! India and Micmsoft 
Corporation (/) Pvt Ltd. and ban online sex determination 
advertisements on their websites; and constitute a separate 
monitoring committee - Pronouncement of several orders by this 
Court - Submission of the petitioner that in spite of the said orders, 
Nodal Agency not been effective to stop the offending material being 
displayed on the internet and Google India, Yahoo! India and 
Microsoft Corporation (I) Pvt Ltd. responsible for the same - Held: 
There has to be a constructive and collective approach to arrive at 
a solution together with the Expert Committee and the search engine 
owners - Duty of Nodal Agency, the Expert Committee and the search 
engine owners to see that the mandate of the Act is scrupulously 
followed - Meeting to be held within the stipulated period - Direction 
to Google India, Yahoo ! India and Microsoft Corporation (I) Pvt. 
Ltd. to co-operate and giFe their point of view for the purpose of a 
satisfactory solution - Constitution of India - Art. 32. 
Disposing of the writ petition the Court 
HELD: 1.1 The Nodal Agency and the Expert Committee 
are directed to hold a meeting and have the assistance of the 
Counsel for the petitioner and his team so that there can be a 
holistic understanding and approach to the problem. The Nodal 
Agency and the Expert Committee shall also call upon the 
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SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
representatives of Google India, Yahoo ! India and Microsoft 
Corporation (I) Pvt. Ltd., who are directed to appear before the 
Committee and offer their suggestions. There has to be a 
constructive and collective approach to arrive at a solution 
together with the Expert Committee and the search engine 
owners. They are obliged under law to find solutions if something 
gets projected in contravention of the Pre-conception and Pre-
natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 
1994. The effective solution is the warrant of the obtaining 
situation. The word "solution" is used keeping in view the earlier 
orders and the suggestions given by the competent authority of 
the Union of India. The duty of all concerned is to see that the 
mandate of the 1994 Act is scrupulously followed. Keeping the 
aforesaid in view, a meeting shall be held within six weeks hence. 
All the suggestions or possibilities must be stated in writing 
before the Committee so that appropriate and properly informed 
measures are taken. [Para 28] (177-G-H; 178-A-B] 
1.2 This Court is certain that the Union of India and its 
Committee would be in a position to take appropriate steps so 
that the mandate of the 1994 Act is not violated and the falling 
sex ratio in the country, as noted in Centre for Enquiry into Health 
E, & Allied Themes (CEHAT), Voluntary Health Association of Punjab 
(the 1") ana Viil:mtary Health Association of Punjab (the 2nd), does 
not remain a haunting problem. This Court is constrained to say 
so as many are guided by inappropriate exposure to the internet. 
The respondents have a role to control it and if any concrete 
suggestion is given by the petitioner, the same shall be 
F 
incorporated. Google India, Yahoo ! India and Microsoft 
Corporation (I) Pvt. Ltd. are directed to cooperate and give their 
point of view for the puqJose of a satisfactory solution instead of 
taking a contesting stand before the Expert Committee. [Para 
29, 30] (178-C-E] 
G 
Centre for Enquiry into Health & Allied Themes ( CEHAT) 
and others v. Union of India and others (2003) 8 SCC 
398: [2003] 3 Suppl. SCR 593 ; Centre for Enquiry 
into Health and Allied Themes (CEHAT) v. Union of 
India (2001) 5 SCC 577 : (2001] 3 SCR 534 ; CEHAT 
v. Union of India (2003) 8 SCC 409 ; CEHAT v.Union 
H 
DR. SABU MATHEW GEORGE v. UNION OF INDIA & ORS. 
of India (2003) 8 SCC 410 ; CEHAT v. U
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