Centre, Google, FB, WhatsApp agree to stamp out rape, child porn videos: Supreme Court
New Delhi, Dec 6: The Supreme Court Thursday said the Centre and Internet giants, including Google, Microsoft and Facebook, were in agreement that videos of rape, child pornography and objectionable material needed to be "stamped out".
A bench of Justices Madan B Lokur and U U Lalit noted that intermediaries have "different reactions" to suggestions given earlier by the Centre, which included setting up pro-active monitoring tools for auto deletion of unlawful content by deploying artificial intelligence based tools.
"Insofar as the suggestions given by the Union of India as mentioned in the order dated November 28, 2018 are concerned, it appears that each of the different entities have a different reaction to them. Google and YouTube have one reaction. Facebook, Microsoft and WhatsApp each have different reactions," the bench said in its order.
It said each of these entities would give a proposed or draft standard operating procedure (SoP) for the purpose of implementation of the suggestions given by the Centre.
"Everybody is agreed that the child pornography, rape and gang rape videos and objectionable material need to be stamped out. The proposed/draft SoP will be drafted on this premise," the bench said.
It directed that the draft SoP be filed in the apex court on December 10 and its copies be served to the counsel appearing for the Centre, petitioner and the lawyer assisting it as an amicus curiae.
During the hearing, senior counsel Kapil Sibal, appearing for WhatsApp, told the bench that they have an end-to-end encryption technology due to which it would not be possible to remove the content.
The Centre had last month suggested to the court that the intermediaries should deploy trusted flaggers for identifying and deletion of unlawful content and also set up of 24X7 mechanism for dealing with requisitions of law enforcement agencies.
It had also suggested that there should be prompt disposal of requisitions of law enforcement agencies to remove unlawful contents.
The court was hearing a matter following a letter sent in 2015 to then Chief Justice of India H L Dattu by Hyderabad-based NGO Prajwala, along with two rape videos in a pen-drive.
The court had on its own taken cognisance of the letter and asked the CBI to launch a probe to apprehend the culprits.
The NGO's letter had also mooted the idea of maintaining a national sex offenders' register which should contain details of persons convicted for offences like eve-teasing, stalking, molestation and other sexual assaults.
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Single higher education regulator bill tabled in LS; Oppn flags ‘centralisation,' JPC likely
New Delhi: A bill to set up a 13-member body to regulate institutions of higher education was introduced in the Lok Sabha on Monday.
Union Education Minister Dharmendra Pradhan introduced the Viksit Bharat Shiksha Adhishthan Bill, which seeks to establish an overarching higher education commission along with three councils for regulation, accreditation, and ensuring academic standards for universities and higher education institutions in India.
Meanwhile, the move drew strong opposition, with members warning that it could weaken institutional autonomy and result in excessive centralisation of higher education in India.
The Viksit Bharat Shiksha Adhishthan Bill, 2025, earlier known as the Higher Education Council of India (HECI) Bill, has been introduced in line with the National Education Policy (NEP) 2020.
The proposed legislation seeks to merge three existing regulatory bodies, the University Grants Commission (UGC), the All India Council for Technical Education (AICTE), and the National Council for Teacher Education (NCTE), into a single unified body called the Viksit Bharat Shiksha Adhishthan.
At present, the UGC regulates non-technical higher education institutions, the AICTE oversees technical education, and the NCTE governs teacher education in India.
Under the proposed framework, the new commission will function through three separate councils responsible for regulation, accreditation, and the maintenance of academic standards across universities and higher education institutions in the country.
According to the Bill, the present challenges faced by higher educational institutions due to the multiplicity of regulators having non-harmonised regulatory approval protocols will be done away with.
The higher education commission, which will be headed by a chairperson appointed by the President of India, will cover all central universities and colleges under it, institutes of national importance functioning under the administrative purview of the Ministry of Education, including IITs, NITs, IISc, IISERs, IIMs, and IIITs.
At present, IITs and IIMs are not regulated by the University Grants Commission (UGC).
Government to refer bill to JPC; Oppn slams it
The government has expressed its willingness to refer it to a joint committee after several members of the Lok Sabha expressed strong opposition to the Bill, stating that they were not given time to study its provisions.
Responding to the opposition, Parliamentary Affairs Minister Kiren Rijiju said the government intends to refer the Bill to a Joint Parliamentary Committee (JPC) for detailed examination.
Congress Lok Sabha MP Manish Tewari warned that the Bill could result in “excessive centralisation” of higher education. He argued that the proposed law violates the constitutional division of legislative powers between the Union and the states.
According to him, the Bill goes beyond setting academic standards and intrudes into areas such as administration, affiliation, and the establishment and closure of university campuses. These matters, he said, fall under Entry 25 of the Concurrent List and Entry 32 of the State List, which cover the incorporation and regulation of state universities.
Tewari further stated that the Bill suffers from “excessive delegation of legislative power” to the proposed commission. He pointed out that crucial aspects such as accreditation frameworks, degree-granting powers, penalties, institutional autonomy, and even the supersession of institutions are left to be decided through rules, regulations, and executive directions. He argued that this amounts to a violation of established constitutional principles governing delegated legislation.
Under the Bill, the regulatory council will have the power to impose heavy penalties on higher education institutions for violating provisions of the Act or related rules. Penalties range from ₹10 lakh to ₹75 lakh for repeated violations, while establishing an institution without approval from the commission or the state government could attract a fine of up to ₹2 crore.
Concerns were also raised by members from southern states over the Hindi nomenclature of the Bill. N.K. Premachandran, an MP from the Revolutionary Socialist Party representing Kollam in Kerala, said even the name of the Bill was difficult to pronounce.
He pointed out that under Article 348 of the Constitution, the text of any Bill introduced in Parliament must be in English unless Parliament decides otherwise.
DMK MP T.M. Selvaganapathy also criticised the government for naming laws and schemes only in Hindi. He said the Constitution clearly mandates that the nomenclature of a Bill should be in English so that citizens across the country can understand its intent.
Congress MP S. Jothimani from Tamil Nadu’s Karur constituency described the Bill as another attempt to impose Hindi and termed it “an attack on federalism.”
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