N. P. SHEELA Vs. MINISTRY OF INFORMATION TECHNOLOGY

JUDGEMENT

(1.) Writ petitioner, a public spirited person and a retired Professor of St. Xavier's College, Aluva, is well versant with the cyber literature and information technology. According to her, pornographic literature is available through internet and this will destroy the future of our youngsters. It is also stated that there are large number of internet cafes which are encouraging all these illegal activities. She also prayed to constitute a cyber squad comprising of qualified police officers to act as a task force to check obscenity in the internet and also to constitute a committee to frame rules and regulations for checking the functioning of internet cafes in the State of Kerala. She also filed Ext. P4 representation to the then Minister of Kerala regarding the same. A very detailed report on the subject filed before the Bombay High Court in WP No. 1611 of 2001 regarding the matter was also relied on. The Central Government filed a counter stating that already there are strict provisions in the Information Technology Act, 2000 to check misuse by internet cafes. In certain cases, there is blocking of certain web sites and Government is reviewing the situation. State Governments of Karnataka, Gujarat etc. have framed rules regulating cyber cafes under S.90(2) of the Information Technology Act and Government of Maharashtra is also taking steps to frame rules and regulations under the Police Act and State Government has to make elaborate rules confining to its policy, finance, requirement of State etc.

(2.) The State Government filed a counter stating that Government is doing utmost efforts to prevent such offences. We cannot issue a writ of mandamus to enact a statute or statutory rules. However, the problem taken up by the petitioner is a noble cause and needs urgent attention of the Government. It is stated in the affidavit filed by the petitioner dated 21/01/2006 that a person was already arrested by the police for abuses to the school children as can be seen from Ext. P5. It is also stated that Kochi City Police has been carrying on a close surveillance in the matter after the reported event. Even though Ext. P4 is addressed to a Minister, we direct the Government to consider the above representation and take all possible action to prevent such abuses in future. Effective steps should be taken by the State and Central Governments so that no cyber cafe is functioning in the State against the provisions of law and police should be vigilant in taking action against cyber cafes which are engaged in showing pornographic films etc. and illegal activities leading to abuse of the school children and other youngsters. We direct the Government to consider Ext. P4 and take necessary remedial action. Petitioner can also give information to the police regarding the functioning of any of cyber cafes engaged in immoral or illegal activities so that police can take stern action against them.

(3.) The original petition is disposed of with the above directions.