The Supreme Court on Tuesday asked Additional Solicitor General Maninder Singh to file a report and explain his 'stand' on pictures printed on condom packets, contraceptives, and other sexual wellness products, the Indian Express reported. While hearing pleas filed against a 2008 order of the Madras High Court, the bench headed by Chief Justice TS Thakur, directed Singh to 'look at advertisements' and understand whether 'action' could be taken against the advertisements and whether they went against laws on obscenity.
While Singh explained to the apex court that while the Censor Board certified films and Advertising Codes under Cable Television Networks (Regulation) Act, 1995 regulated TV ads, for print ads there is "no pre-censorship" norms by the government to uphold the freedom of press.
According to the report, the bench said, "Do you have any plan to regulate such advertisements? Is there a way you can check what is going to be printed on these packets or can you take action only after these packets with pictures are available in the market? You also have to tell us if such advertisements may constitute a penal offence.”
Earlier in February too, the Supreme Court had asked government and the Central Board of Film Certification for their opinion on ads on packets of condoms and contraceptives.
In 2008, Madras High Court had instructed condom manufacturers to ensure that packaging and ads of their products do not have 'sexy' pictures as that would be offensive to Indian culture. They had to obtain permission from Advertising Standards Council of India before carrying out the ads. However, in September of the same year, Supreme Court had stayed the order of High Court.
The apex court will take up this issue for discussion after six weeks.
