• by Anjali Madhar

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT 1986

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT 1986

The Indecent Representation of Women (Prohibition) Act, 1986 is a legislation enacted by the Indian Parliament to prohibit the indecent representation of women through advertisements, publications, writings, paintings, figures, or any other manner.

Purpose and Background

• The Act was introduced due to increasing concerns about the portrayal of women in vulgar or objectionable forms in media and advertisements, which was seen as violating women's dignity and morality.
• The primary aim is to safeguard the dignity of women and prevent their objectification or sexualization in all forms of public communication.

Key Provisions

• Section 2(c): Defines "indecent representation of women" as the depiction in any manner of the figure or form of a woman (or any part thereof) in a way that is indecent, derogatory, or likely to deprave, corrupt, or injure public morality.
• Section 3: Prohibits advertisements in any form that contain indecent representation of women.
• Section 4: Prohibits the production, sale, distribution, public display, or mailing of materials, such as books, pamphlets, drawings, films, or photographs, that contain indecent representations of women.
• Section 5: Empowers authorized officers to search, seize, and confiscate objectionable materials.
• Section 8: Offences are cognizable and bailable, enabling the police to arrest without warrant but allowing bail.
• Section 10: The Central Government can make rules to enforce the objectives of the Act.

Penalties imposed for violations of the Act:

• For a first offence, imprisonment may extend up to two years and/or a fine which may extend to two thousand rupees.
• For any subsequent offence, imprisonment may extend up to five years and the fine may extend up to five lakh rupees.

Exceptions

• The Act does not apply to material justified for public good, such as works with artistic, literary, scientific, or educational merit, religious purposes, classical arts, or works governed by the Cinematograph Act, 1952.

Landmark judgments

Ranjit D. Udeshi v. State of Maharashtra (1965)

• The Supreme Court upheld the constitutionality of Section 292 IPC dealing with obscenity, applying the Hicklin Test to determine if material tends to deprave or corrupt susceptible minds. This case laid the foundation for obscenity laws in India relating to the indecent portrayal of women and other materials.

Aveek Sarkar v. State of West Bengal (2014)

• The Supreme Court overruled the Hicklin Test and adopted the "community standards test" for obscenity. The court acquitted charges under Section 4 of the Act, emphasizing the context and intent behind a photograph and protecting content that serves the public good, scientific, literary, or artistic interest.

Khushboo v. Kanniammal (2010)

• The Supreme Court quashed proceedings against actress Khushboo for her comments on premarital sex, ruling that mere references to such topics do not amount to indecent representation. This judgment clarified the threshold for what constitutes indecency or obscenity under the Act.

Chanda Rajkumari & Anr. v. Commissioner of Police (1997)

• Andhra Pradesh High Court held that the indecent representation of women in beauty contests is offensive to their dignity and violates fundamental rights under Articles 14, 21, and 51A of the Constitution.

Apoorva Arora v. State (Govt. of NCT of Delhi) (2024)

• The Delhi High Court dealt with the issue of web series content and its portrayal of women, balancing between freedom of expression and protection against indecency under the Act.

Judicial Interpretation

• Not all nudity or depictions of women are deemed indecent; the courts consider context, intent, and purpose, especially if serving a social or artistic message.

The Act continues to be an important legal safeguard to ensure that women are portrayed respectfully in all forms of media and public communications across India.