Raj HC notice to I&B, health ministries

JAIPUR: The Rajasthan high court on Wednesday issued notices to the ministry of information and broadcasting and ministry of medical, health and family planning asking why the advisory to television channels on not to broadcast condom advertisements between 6am and 10pm should not be quashed.

The court sought replies from the two ministries in eight weeks. The court, however, did not fix the date of next hearing .

A division bench of chief justice Pradeep Nandrajog and justice DC Somani was hearing a PIL filed by Global Alliance for Human Rights, an NGO working for the welfare of people with HIV/AIDS.

Prateek Kasliwal, who appeared for the NGO, said the petition seeks to challenge the advisory issued on December 11.

The PIL said, “The Cable Television Networks Rules, 1994, stipulate that ads 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.”.

“Assuming that the condom advertisements violate the rules, how do they not violate it beyond 10 pm?” it added.

Calling the advisory absurd, the PIL said it has been issued without application of mind.

“There is no prudent reasoning

THE HIGH COURT HAS SOUGHT REPLIES ASKING WHY THE ADVISORY ON CONDOM ADS SHOULD NOT BE QUASHED

for restraining the advertisement from 6 am to 10 pm. There is no reason as to how an advertisement for condom is an unhealthy practice,” Kasliwal said in the petition.

The petitioner, Brijesh Dubey, president of Global Alliance for Human Rights, said the advisory vindicates the hypocritical approach of the government, which on one hand was promoting family planning, awareness about AIDS and STD and on the other obstructing dissemination of condom advertisement.

Dubey said consistent condom use has been one of the most critical aspects of NACO’s prevention strategy for HIV/AIDS control. The petition cited data from NIELSEN and Ministry of Health & Family Welfare to say rural paid condom market has grown by 70% during 2007-08 and 2012-13. During the same period rural social marketing condom market has grown by 42%.

“The advisory is against the objective of family planning and prevention of AIDS and further against the interest of general public at large,” the petition said.

The petition sought quashing of the advisory.