Gujarat HC issues notice in writ against Pokemon Go for “depiction of eggs inside temples”

The Gujarat High Court today issued notice to the Central government, the State of Gujarat and Niantic Inc in a petition seeking regulation of the game Pokemon Go..A Bench headed by Chief Justice R Subhash Reddy was hearing a petition filed by one Alay Anil Dave alleging the that the mobile game Pokemon Go is violative of Article 25 of the Indian Constitution. Advocate Nachiket Dave appeared for the petitioner..Pokemon Go, developed by Niantic Inc, is a location based augmented reality game for mobile devices. Although not officially launched in India, the game has built up a substantial fanbase in the country..The petitioner’s objection to the game is based on the depiction of “egg” inside places of worship. It is Dave’s contention that such a depiction is “obnoxious and violative of Hindu religion”..The petition reads,.“….from the operation of the said game, i.e Pokemon Go, it is established that for the purpose of achieving “Point”, and to further progress in the game, an “Egg” is described/ depicted/ shown and which is deliberately found inside the above places of worship. Such eggs are found at pokestops and as stated above, places of worship are the pokestops for this game…..It is pertinent to note that it is thoroughly obnoxious and violative of Hindu religion to have depicted and/ or cause to have depicted and/ or collect an egg for the purpose of acquiring point in the said game from temple which is pious most place for worship for Hindus. The said aspect is equally true for the purpose of other religions.”.The petitioner has contended that as per the religious practices described in Vedas and Upanishads, consuming an egg is “obnoxious and against religious practices”..“….the obnoxious and horrendous action on the part of Respondent no. 5 (Niantic) thoroughly endeavour to destroy the cultural fabric and religious and spiritual individuality of India whereby sensitive young minds of children are influenced which would deteriorate such religious and spiritual individuality…such obnoxious activity strikes at the root of individuality and existence of Hindu religion…”.Dave has contended that for the purpose of collecting points, any other symbol/ method can be adopted other than an ‘egg’..Interestingly, apart from the physical danger involved in playing the game and reported accidents, Dave has also cited conspiracy theories about Pokemon Go being used as a surveillance tool by the CIA and also by Google to create maps of private areas, houses and buildings..As per the Rules framed under Section 43A of the Information Technology Act of 2000, companies accessing “sensitive personal data or information” must implement “reasonable security practices and procedures”. In fact, the launch of Pokemon Go has created a number of legal issues, and potential litigation. However, these contentions do not find mention in the petition..The petitioner has sought for a direction to be issued to Niantic.“..to desist from depicting collection of Eggs from temples or any other places of religious worship”..As interim relief, Dave has prayed that a direction be issued to the Centre and State to ensure that downloading the game be barred till the case is finally decided..The court after hearing the petitioner issued notice in the matter..(Image courtesy A. Kumar)