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Indecent Representation

of Women (Prohibition) Act


PROJECT SUBMITTED TO: DR. KIRAN SHARMA
BY: AVANI MISTRY
BUSINESS LAW GROUP
ROLL NO: 12
1
ST
YEAR LLM
SNDT LAW SCHOOL
DATED: / /2014
SIGNATURE:
ACKNOWLEDGMENT
This project would not been possible without the support of Pr!. Dr.
KIRAN SHRMA, in charge of LOOPHOLES IN LAW, her sincere efforts
in explaining the subject and related topic helped us to be familiar with
subject.
I am thankful to her for project that she has given us since it not only
enhanced our ability to work on this vast topic, but also helps to collect
information and understand particular topic well.
CONTENTS
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T-$ I"#$%$"& R$'r$($"&)&*" ! W+$" ,Pr-*.*&*"/ A%& was passed by Indian
parliament in 1=59.
This prohibits indecent representation of women through advertisement or in
publications, writings, paintings, figures or in any other manner.
The 1ill seeks to amend the Indecent epresentation of <omen @'rohibitionA )ct, 1=59,
which prohibits indecent representation of women through advertisements or
publications, writings and paintings @primarily the print mediaA
The 1ill seeks to widen the scope of the )ct to cover new forms of
communication such as the internet, satellite based communication, cable
television etc.
The 1ill prohibits the publication or distribution of any material, which contain
indecent representation of women. This provision does not apply to material,
which may be published in the interest of science, literature or art or for bona fide
religious purpose or for sculptures in ancient monuments or temples.
The 1ill adds new definitions of Bindecent representation of womenC, Belectronic
formC and BpublishC. BIndecent representation of womenC means the depiction of
the figure or form of a woman in such a way that it has the effect of being
indecent or derogatory or is likely to deprave or affect public morality.
B&lectronic formC means any information generated, sent or stored in media,
magnetic and optical form @as defined in the Information Technology )ct, %???A.
B'ublishC includes printing or distributing or broadcasting through audio visual
media.
It amends definitions of BadvertisementC and BdistributionC to include all types of
media @printed and electronicA.
The 1ill authorises any police officer of the rank of Inspector or above to
investigate offences committed under this law.
The 1ill enhances penalties for various offences. *or representing women
indecently,
the penalty for the first offence was
increased to imprisonment of three years from two years and
a fine between s 6?,??? and s 1 lakh from s %,???.
*or a subseDuent offence, the term of imprisonment shall be between two and
seven years and fine between s 1 lakh and 6 lakh.
'ublished in the 8aEette of India , &xtraordinary. 't. II, ,ec. 1 No. 34. dated %.rd
"ecember, 1=59 .
)n )ct to prohibit indecent representation of women through advertisements or in
publications, writings, paintings, figures or in any other manner and for matters
connected therewith or incidental thereto.
STATEMENT O0 OBJECTS AND REASONS O0 THE
ACT
The law relating to obscenity in this country is codified in ,ecs. %=%, %=. and %=4 of the
Indian 'enal $ode. In spite of these provisions, there is growing body of indecent
representation of women or references to women in publications, particularly
advertisements, etc. which have the effect of denigrating women and are derogatory to
women.
Though there may be no specific intention, these advertisements, publications, etc. have
an effect of depraving or corrupting persons. It is, therefore, felt necessary to have a
separate legislation to effectively prohibit the indecent representation of women through
advertisements, books, pamphlets, etc.
The salient features of the 1ill areF
@aA Indecent representation of women has been defined to mean the depiction in any
manner of the figure of a woman, her form or body or any part thereof in such a way as to
have the effect of being indecent or derogatory to or denigrating, women or is likely to
deprave, corrupt or injure the public morality or morals.
@bA It is proposed to prohibit all advertisements, publications, etc. which contain indecent
representation of women in any form.
@cA It has also been proposed to prohibit selling, distribution, circulation of any books,
pamphlets, etc. containing indecent representation of women.
@dA !ffences under the )ct are made punishable with imprisonment of wither description
for a term extending to two years and fine extending to two thousand rupees on first
conviction. ,econd and subseDuent convictions will attract a higher punishment
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