J U D G M E N T

Dama Seshadri Naidu, J.

A citizen, seemingly sensitive and scrupulous, cries foul at, what he terms, the Society’s moral decadence. He draws our attention to the Ext.P1 cover page of a magazine depicting a mother feeding her baby, exposing her bosom. The caption reads “

തറ(cid:3)ചന(cid:6)(cid:7)കരത(cid:11) ഞങൾക(cid:11)

‌" which translates to “Don't stare, we have to breastfeed”.

മലയടണ(cid:20)

2. According to Felix M A, the petitioner, it offends Sections 3(c)

and 5(j), III of Protection of Children from Sexual Offences Act and Rules, as well as Section 45 of the Juvenile Justice Act. He has also roped in Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act, 1986, and Article 39(e) and (f) of the Constitution of India.

3. “Shocking one's morals” is an elusive concept, amorphous and protean. What may be obscene to some may be artistic to other; one man’s vulgarity is another man’s lyric, so to say. Therefore, we can only be subjective about Ex.P1 magazine cover depiction.

4. We do not see, despite our best efforts, obscenity in the picture, nor do we find anything objectionable in the caption, for men. We looked at the picture with the same eyes we look at th