Former BJP ideologue K N Govindacharya has filled a petition in Delhi High Court urging it to question the government on how children less than 18 years of age are allowed to open an account on social networking sites, like Facebook, when the Indian law does not permit it.
The court also asked two US-based entities, Facebook Inc and Google Inc to reply to the plea of Govindacharya seeking an order for recovery of taxes from the websites on their income from operations in India.
Facbook allows 13 year olds to be its member.
The High court has asked the government to file a response to the issue within May 13. "How can children below 18 years have an agreement with any of the social network sites including Facebook? The Union of India is directed to file an affidavit on the issue within 10 days," the bench of justices BD Ahmed and Vibhu Bakhru said.
The court also said, "Both Facebook Inc and Google Inc are US-based entities and are hereby impleaded as respondents. Notices to be issued to the newly added parties."
According to the petition children below 18 getting into an agreement with social networking sites to open an account is against the Indian Majority Act, the Indian Contract Act and also the Information and Technology Act. The petition also said that "Facebook's gross revenue for previous year was $37 billion approximately but they are not paying due taxes to the Indian government." Govindacharya in a public interest litigation also sought directions to the Centre, Facebook and Google ensure proper accounting compliances as per RBI guidelines.