High Court Of Rajasthan
Judgename : SHIV KUMAR SHARMA,K.S.RATHORE
SUO MOTU - Appellant
Versus
STATE OF RAJASTHAN - Respondent
DBCWP 3731 Of 2003
Decided On : 06/03/2005
depiction of women - Media Regulation - [Press and Registration of Books Act, 1867; Cable Television Networks (Regulation) Act, 1995; Indecent Representation of Women (Prohibition) Act, 1986] - The court discussed the provisions of the Press and Registration of Books Act, 1867, Cable Television Networks (Regulation) Act, 1995, and Indecent Representation of Women (Prohibition) Act, 1986, emphasizing the need for strict compliance to prevent the undignified depiction of women in media and advertising.
Fact of the Case:
The petition addressed the depiction of women in an undignified manner by the media and television channels. The court directed the Union of India and the state of Rajasthan to provide suggestions to curb the indecent portrayal of women.
Finding of the Court:
The court found that there was a lack of implementation and enforcement of existing acts and regulations to prevent the indecent representation of women. It emphasized the need for strict compliance with the relevant laws and regulations.
Issues: The main issue involved the depiction of women in an undignified manner by the media and television channels. The court also addressed the lack of implementation and enforcement of existing acts and regulations.
Ratio Decidendi: The court emphasized the need for strict compliance with the Press and Registration of Books Act, 1867, Cable Television Networks (Regulation) Act, 1995, and Indecent Representation of Women (Prohibition) Act, 1986 to prevent the undignified depiction of women.
Final Decision: The court disposed of the writ petition with the expectation that the Union of India and the State government would take immediate steps to ensure strict compliance with the relevant acts and rules to prevent the undignified depiction of women.
K. S. RATHORE, J.
( 1 ) THE main issue involved in this petition is with regard to the depiction of women in an undignified manner by the media and the television channels. The Union of India through Ministry of Information and Broadcasting, Director general of Doordarshan and Registrar of newspapers were also directed to submit affidavit of the concerned authorities indicating as to how the menace is being controlled, and eradicated.
( 2 ) VIDE order dated 28-9-2004 this Court has further directed the Government of India and the state of Rajasthan to give concrete suggestions to curb the menace of depicting women in indecent manner in newspapers, magazines, advertisements, television programmes, posters and music videos. The monitoring Committee was also directed to submits it report in regard to the obscenity shown in the hoardings, advertisements and on television.
( 3 ) THE final report of the Committee constituted by this Court on prevention of representation of women in an undignified manner has been placed before this Court. As per the final report of the Committee, the committee was required to scrutinize the programmes being telecast by various television channels and also to scrutinize the news papers for the purpose of identifying the advertisements or photographs or material which are compromising the dignity of women and at the same time corrupting and degrading those whose minds are open to immoral influence.
( 4 ) TO give possible facts, information, knowledge and other related factors with reference to the task assigned by the High court the Committee involves various agencies responsible for direct or indirect implementing of this subject and to ascertain their views on the subject, for example, doordarshan, Press Information Bureau, directorate of Public Relations, Urban development and Housing Deptt. Directorate of Panchayati Raj, Department of Women and child Police Department and various women organizations and NGOs working in this area.
( 5 ) IN its report the Committee submits that no effective scrutiny of newspapers, etc. is being done before this public sale by any govt. agency at the State level. Only a copy of the newspaper/periodical being published from Rajasthan is sent to the DPR after its publication for informative purpose.
( 6 ) THE following points emerged out of meetings with womens organizations are as under:1 ). There must be a direct co-relation between the nature/usage of product and its advertisement and the advertisements not following this, must be discontinued. For example, using scantily clad female models for products like car batteries, tobacco, electric inverters, shaving applicances for men etc. be stopped. 2 ). Posters of a certificate and adult films be prepared and displayed in more healthy and less revealing manner at public places and near cinema halls. 3 ). There was no consensus on the issue of indecency as different representatives had different views on the issue. On one hand there were supporters of strong action and more powers to the Govt. to check the indecent portrayal of women and on the other hand there were votaries of no further powers to the Government. Almost all the participants agreed to have further, discussions on this very vital issue in order to reach a level of consensus, in future. 4 ). The participants agreed to send their written comments on this issue of indecent portrayal of women and other related matters. 5 ). One of the participants wrote about the indecent representation of women in newspapers which has been sent to IGP, jaipur, Range-I for further necessary action. 6 ). The participants expressed their strong commitments for the right to freedom of expression as provided by our constitution. They apprehended a curtailment on this right if the provisions under various legislation for prohibition of indecent representation of women were made stronger. 7 ). The participants were of the view that honble High Court may be requested t
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