The Indecent Representation of Women (Prohibition) Act, 1986, is a significant piece of legislation in India aimed at curbing the objectification and indecent portrayal of women in various forms of media. This blog post delves into the details of this Act, exploring its key provisions, prohibitions, and penalties.
What is the Indecent Representation of Women (Prohibition) Act, 1986?
This Act seeks to prohibit the indecent representation of women through advertisements, publications, writings, paintings, figures, and any other manner that could be considered offensive, derogatory, or likely to deprave public morals. It acknowledges the harm that such representations can inflict on the dignity and status of women in society.
Key Definitions Under the Act
-
Advertisement: Includes any visible representation through any notice, circular, label, wrapper, document or by light, sound, smoke or gas.
-
Distribution: It covers all forms of distribution, whether through free samples or not.
-
Indecent Representation of Women: Any depiction of the figure, form, body, or body part of a woman in a way that is:
-
Indecent or derogatory
-
Denigrating to women
-
Likely to deprave, corrupt, or injure public morals.
-
-
Label: Any written, marked, stamped, printed or graphic matter affixed to or appearing upon a package.
-
Package: Includes any box, carton, tin or other container.
-
Prescribed: Means prescribed by rules made under this act.
Prohibitions Under the Act
-
Prohibition of Indecent Advertisements (Section 3):
-
The Act strictly prohibits publishing, causing to be published, arranging, or taking part in the publication of any advertisement containing an indecent representation of women in any form. This covers all types of media and advertising platforms.
-
-
Prohibition of Indecent Publications (Section 4):
-
This section bars the production, sale, letting to hire, distribution, circulation, or sending by post of any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure that depicts women indecently.
-
Exceptions to Prohibitions
The Act acknowledges certain exceptions where these prohibitions do not apply:
-
Public Good Exception:
-
If the publication of any book, pamphlet, paper, film, etc. is proved to be for the public good, such as for science, literature, art, or learning purposes, it will not be deemed as a contravention of section 4 of the Act.
-
-
Religious Purposes Exception:
-
Representations kept or used bona fide for religious purposes are also exempt from these prohibitions.
-
-
Historical and Archaeological Exceptions:
-
Representations sculpted, engraved, painted, or otherwise represented on or in any ancient monument that is protected by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 or in any temple or car used for conveyance of idols are exempt from the prohibitions.
-
Cinematograph Act exception:
* Films that are subject to the provisions of Part II of the Cinematograph Act, 1952 are also exempt from the prohibitions.
Powers of Entry and Search
-
Authorized Gazetted Officer: The Act empowers Gazetted Officers, authorized by the State Government, to enter and search any place with reasonable cause to believe that an offense under the Act has been or is being committed. They can enter at any reasonable time and seek necessary assistance.
-
Powers of Seizure: These officers are authorized to seize any advertisement, book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation, figure or any material object believed to be contravening the provisions of this Act.
-
They can examine any record or document and seize them to be presented as evidence.
-
-
Private Dwelling: Entry into private dwelling houses requires a warrant.
-
Seizure of complete document: If the advertisement cannot be separated without affecting the integrity of an article, then the entire article can be seized.
-
Information to Magistrate: They are required to inform the nearest Magistrate and follow their orders regarding the custody of any seized items.
-
Application of CrPC: The provisions of the Code of Criminal Procedure, 1973, apply to the search and seizure proceedings under this act.
Penalties for Violations
-
First Conviction: A person found guilty under sections 3 or 4 is punishable with imprisonment for up to two years and a fine which may extend to ₹2,000.
-
Second or Subsequent Conviction: In the event of subsequent conviction, the individual may face imprisonment of not less than six months, and it may extend up to five years with a fine of not less than ₹10,000, and may extend up to ₹1,00,000.
Offences by Companies
-
Liability of Officers: If an offense under the Act is committed by a company, every person in charge of and responsible for the company’s business at the time of the offense is deemed guilty, and liable to be punished accordingly.
-
Exception: Any person can escape punishment if they can prove that they were unaware of the offense, or had exercised due diligence to prevent such a commission.
-
Liability of Key Personnel: If an offense is proven to have been committed with the consent or connivance of any director, manager, secretary, or other officer of the company, or if it is attributable to their neglect, they can be proceeded against and punished.
Cognizance and Bailable Nature of Offences
-
Cognizable: Offences under the Act are cognizable, meaning the police have the authority to investigate without a court order.
-
Bailable: All offenses under the Act are bailable, meaning that bail can be granted by an authorized authority.
Protection of Action Taken in Good Faith
-
The Act provides protection to the Central or State Governments and their officers for actions taken in good faith under this Act. This protection helps in ensuring effective enforcement without fear of legal repercussions.
Power to Make Rules
The Central Government has the power to make rules to carry out the provisions of the Act. These rules may include:
-
The manner in which seizure is to be made.
-
How a seizure list is to be prepared.
-
Any other matter that may need prescription.
Conclusion
The Indecent Representation of Women (Prohibition) Act, 1986, is a crucial piece of legislation that tackles the objectification of women in the Indian media landscape. By prohibiting indecent portrayals, this act seeks to promote a more respectful and dignified representation of women, and it is important to be aware of this act in order to build a more equitable society.