Indecent Representation of Women Prohibition Act 1986: Detailed Analysis

The Indecent Representation of Women Prohibition Act 1986 prohibits the indecent portrayal of women in media including advertisements, publications and artwork. It aims to protect women’s dignity by preventing depictions that are derogatory or harmful to public morals. The Act applies to various media forms and imposes penalties including imprisonment and fines for violations. It also helps combat gender inequality by prohibiting objectifying and harmful representations of women, while empowering law enforcement to investigate and seize such materials. Explore other important Bare Acts.

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Indecent Representation of Women Prohibition Act 1986 Overiew

The Indecent Representation of Women Prohibition Act 1986 was introduced with an aim to prevent sexual objectification and indecent representation of women in media and advertisements. The Act extends to all parts of India including the State of Jammu and Kashmir. The Act came into force on 2nd October, 1987. The Act empowers the government to prohibit publications, advertisements and other visual representations which degrades the dignity of the women. The Indecent Representation of Women Prohibition Act 1986 has impacted the representation of women by creating legal accountability for offenders and fostering awareness about responsible representation of women.

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The Indecent Representation of Women Prohibition Act 1986 is a legislative framework aimed at curbing the portrayal of women in a manner that is indecent, derogatory or harmful to their dignity. The following table provides an overview of the chapters and their respective sections under the Act.

Indecent Representation of Women Prohibition Act 1986 Key Features

The Indecent Representation of Women Prohibition Act 1986 aims at safeguarding the dignity and respect of women by curbing their indecent portrayal. The following are the important features of the Act -

Section 2 of Indecent Representation of Women Prohibition Act 1986: Indecent Representation Defined

The Act provides a precise definition of what constitutes the indecent representation of women. According to Section 2(c) of Indecent Representation of Women Prohibition Act 1986, ‘Indecent representation’ refers to the depiction of a woman’s figure, form, body, or any part thereof in such a manner that description done in such a way as to have effect of it being:

• indecent
• derogatory
• denigrating women
• or such description is likely to
• deprave
• corrupt
• injure the public morality
• morals

Section 3 of Indecent Representation of Women Prohibition Act 1986: Prohibition of Advertisements

Section 3 of Indecent Representation of Women Prohibition Act 1986 strictly prohibits advertisements containing indecent representation of women. This includes:

• Any form of commercial communication be it print, broadcast, or electronic where the image or message is derogatory to women.
• Advertisements in newspapers, magazines, billboards, or digital platforms that portray women in a degrading manner.

Section 4 of Indecent Representation of Women Prohibition Act 1986: Prohibition on Indecent Representation through Publications or Post

According to Section 4 of the Indecent Representation of Women Prohibition Act 1986 no one is allowed to produce, sell, rent, distribute, circulate or send by post any material (like books, films, drawings, photos, etc.) that contains indecent representation of women.

Section 4 of the Act provides exceptions which include:

• Content justified as serving public interest in science, art, literature, or education.
• Material used in good faith for religious purposes.
• Representations found in ancient monuments or temples, or used in religious rituals.
• Films covered under the Cinematograph Act, 1952.

Section 5 of Indecent Representation of Women Prohibition Act 1986: Search and Seizure

Under Section 5 of Indecent Representation of Women Prohibition Act 1986 provides that any Gazetted Officer authorised by the State Government, within the local limits of the area. The authorised officer may enter and search at a reasonable time with assistance at any place in which the officer has a reason to believe that an offence punishable under this act has been committed.

The following are the powers of the authorised officer-

He can seize any of the following, if the officer has a reason to believe that the following contravenes with the provision of this act-

• advertisement
• book
• pamphlet
• paper
• slide film
• writing
• drawing
• painting
• photographs
• representation
• figure

This provision provides enforcement officers with necessary powers to take swift and decisive action against offending parties while also ensuring procedural fairness.

Section 6 of Indecent Representation of Women Prohibition Act 1986: Strict Penalties

Section 6 of the Indecent Representation of Women Prohibition Act 1986 imposes stringent penalties on violators to serve as a deterrent. Any person in contravention with Section 3 or Section 4 of this act shall be punishable on :

First Conviction:

• With imprisonment of either description for a term which may extend to two years and
• With fine which may extend Rs. 2000.

Second or Subsequent:

• With imprisonment for a term of not less than 6 months but which may extend to 5 years and
• With a fine not less than Rs. 10000 but which may extend to Rs. 100000.

Section 7 of Indecent Representation of Women Prohibition Act 1986: Offences by Companies

Section 7 of Indecent Representation of Women Prohibition Act 1986 holds companies and their responsible officials accountable if an offence occurs within their business operations. 

When an offence under this act has been committed by a company, the person liable shall be -

• every person in charge of the company
• at the time when such an offence was committed

When it is proved that the offence committed by the company with the consent or connivance of, or is attributable to any neglect on the part of-

• Director
• Manager
• Secretary
• Other officer
• then such a person would be liable and punished under this act.

Section 7 proviso provides that when such an offence is committed with knowledge of the concerned person, then only such a person would be liable. The concerned person will not be held liable if he is able to prove that he had exercised due diligence to prevent commission of such offence.

Section 8 of Indecent Representation of Women Prohibition Act 1986: Nature of the offence

Section 8 of Indecent Representation of Women Prohibition Act 1986 provides that the nature of the offence punishable under this act shall be-

• Cognizable

• Bailable

Section 9 of Indecent Representation of Women Prohibition Act 1986: Protection of action taken in good faith

Section 9 of Indecent Representation of Women Prohibition Act 1986 provides that no suit or legal proceedings shall lie against -

• Central Government
• State Government
• Any Government official

Who does any act, under this act in good faith.

Section 10 of Indecent Representation of Women Prohibition Act 1986: Power to make rules

Section 10 of Indecent Representation of Women Prohibition Act 1986 provides that the Central Government may by notification in the Official Gazette, make rules to carry out the provisions of this Act regarding -

• the manner in which the seizure of advertisements or other articles shall be made.
• the manner in which the seizure list shall be prepared and delivered to the person from whose custody any advertisement or other article has been seized.
• any other matter which is required to be, or may be, prescribed.

The following landmark judgements though not all directly invoking the Indecent Representation of Women Prohibition Act 1986 but plays an important role in shaping its interpretation by the judiciary. The decisions provide essential insight into how courts in India have balanced concerns of women’s dignity, public morality and freedom of expression under Article 19 of Indian Constitution:

Bobby Art International v. Om Pal Singh (1996)

The case of Bobby Art International v. Om Pal Singh dealt with the controversial film Bandit Queen, which depicted graphic scenes of sexual violence. The Petitioners argued that the film was obscene and insulted women. However, the Supreme Court upheld its release and held that it portrayed the harsh realities of a woman's life and was protected under the right to freedom of expression. The decision explained that not all graphic depictions of women amount to indecent representation especially when intended to highlight social evils.

Maqbool Fida Hussain v. Raj Kumar Pandey (2008)

Renowned painter M.F. Hussain faced criminal complaints over his nude painting of Bharat Mata. The Supreme Court highlighted that nudity in art does not automatically equate to indecency or obscenity. The Court recognized the artistic freedom of expression and held that the painting, being a work of art and was not in violation of public decency standards or the dignity of women.

Ranjeet Udeshi v. State of Maharashtra (1965)

The case of Ranjeet Udeshi v. State of Maharashtra laid the groundwork for understanding obscenity laws in India. It involved the sale of Lady Chatterley’s Lover, deemed obscene under Section 292 of Indian Penal Code. The Supreme Court applied the Hicklin test and concluded that art involving nudity could still be obscene if it tends to corrupt susceptible minds. The ruling contributed to the legal foundation on which the Indecent Representation of Women Prohibition Act 1986 Act was later built.

Aveek Sarkar v. State of West Bengal (2014)

The case of Aveek Sarkar v. State of West Bengal marked a shift from the Hicklin test to the more progressive Community Standards Test. A semi-nude photo published in a magazine led to charges under Section 292 of Indian Penal Code. The Supreme Court held that material must be evaluated in context and in accordance with contemporary community standards. This modern approach aligns with the intent of the Indecent Representation of Women Prohibition Act 1986 Act to prevent harmful and degrading representations of women without stifling legitimate artistic or expressive content.

Conclusion

The Indecent Representation of Women Prohibition Act 1986 aimed at protecting the dignity of women in India. It has a positive impact on traditional forms of media, its relevance is being tested in the face of modern technological developments. Future reforms should focus on extending its provisions to cover online media and refining the definition of indecent representation.