Government’s Proposal On The Ban Of Fairness Creams Anti Ageing Creams Ads
Mar. 22, 2020 • Architi Batra
Since the age of nine, I have been slapping my face with fairness creams/ Every face wash was a slap on the face because I was a skin tone which was… ugly/ I had a voice and opinion but they muted my sound/ Probably because I was told, boys only like girls who are fair and lovely.”
- by Aranya Johar from her poem, A Brown Girl’s Guide to Beauty
SELLING OF FAIRNESS CREAM: HOW FAIR IS IT?
The prejudice based on colour is not new for this planet. Be it Nelson Mandela or the father of our nation Mahatma Gandhi. The fight against apartheid is the sole base for the increasing mindsets favouring fair skin tone.
Fair skin, clear skin, height increase, etc all are telecast on most of the channels. Naphtholetc shows magic slimming and weight reduction ads. NIGHT time from 10 30 pm onwards most channels, Telugu Tamil Malayalam, etc beams mild sexual scenes to increase sexual stamina. No wonder teenagers are very different nowadays. I appreciate govt for this. But what about ads on apps, Google, social media, etc. Who is to curb these.
As a nation, India has a problem with colorism, where we are constantly tormented by fairness ads and products that promise to make us more 'attractive' (read whiter) with absolutely no medical or scientific backing. After years of obsessing over 'fair' skin, it looks like India is finally ready to forgo the stereotypes and take a step in a positive direction.
Mercury, arsenic, lead and other such heavy metals are highly toxic even at low doses. The presence of these three heavy metals, though much less than the permissible limits, in all the four commonly used fairness creams studied currently, must be viewed as a precaution, because the chronic impacts of such a small level over a long period of usage are not yet fully understood. Beauty perceptions and the prejudice that dark skin is inferior to fair skin ought to change in society in order to reduce the indiscriminate use of fairness creams. Women should be more conscious in this regard, as the fetus and breast-fed babies could fall victim.
Government proposes 5-year jail, Rs 50-lakh fine for ads promoting fair skin
“The ministry of health and family welfare has finalized Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020, which increases the number of diseases and disorders covered under the Act”
The legislation bans advertisements of products and magic remedies that claim to cure diseases and disorders like AIDS, diabetes, deafness and low vision. This list has been increased from 54 to 78.
The obsession with fair skin and vanity is not a new phenomenon in our country, but it could soon see the government cracking down hard on ads propagating such products. In a draft proposed by the Health and Family Welfare Ministry as an amendment to the Drugs and Magic Remedies (Objectionable Advertisements Act, 1954), advertisements for magic remedies, fairness creams, treatment for a stammer, a cure for AIDS and more would come under the scanner. The punishment is a jail term of up to five years and a fine of up to Rs 50 lakh. The ministry has released a list of total 78 diseases, disorders and conditions under the ban.
Under Section 7 of the Act, the first conviction is punishable with imprisonment of up to six months or fine or both; and a subsequent conviction can result in imprisonment of up to a year or fine, or both.
How is the proposed Drugs and Magic Remedies (Objectionable Advertisement) Bill, 2020 different From the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954?
Drugs and Magic Remedies (Objectionable Advertisement) Bill, 2020
--> The amendment adds promotion of fairness creams, a cure to premature aging or grey hair, enhancement of sexual performance, an increase in the height of children or adults, an increase in brain capacity or memory, strengthening teeth and vision, and changing of fetal gender by drugs to the list.
--> Evolution of technology and electronic media lead to the addition of more mediums like audio-visual representation, endorsement, internet, social media, website, invoice, banners, etc.
--> The Purpose of the bill is similar. However, by adding things like fairness creams, aging or grey hair remedies, etc., the government is trying to discourage the idea of body dysmorphia that is mentally and physically harmful to human beings.
Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
--> Objectionable advertisement of 'magic remedy' which includes talisman, mantra, kavacha, and any other charm that alleges to have miraculous powers to diagnosis, cure, treat or prevent disease in human beings or animals or affecting or influencing the organic function of the body of human beings or animals.
--> The advertisement included - circular, label, wrapper or other documents, and any announcement made orally or by any means of producing or transmitting light, sound or smoke.
--> Purpose of the act then was to abolish the questionable and scientifically not proven “medicine and cure” that may be dangerous to health.
CONCLUSION
We need more campaigns that take a stand against the idea of skin-deep beauty meant to "sell products", and celebrated self-love regardless of one's shape, size, color, gender, and sexuality.
The Increasing craze of fairness surely gives rise to prejudice. Not only these fairness creams have this distorted impact, but the advertisement we see in newspapers be it of a groom searching for his fair and slim bride or the hospitality sector searching for fair beauties.
Colorism is prejudice involving the preferential treatment of people with light skin within and between ethnic groups. While it affects both men and women, colorism intersects with sexism so that it particularly affects women of color.
To challenge colorism, we must draw attention to the lack of people with darker skin shades in high profile or high-status positions and the obstacles they face. These obstacles include a global beauty industry that thrives on insecurity and the allure of achievable “enhancement” built upon ideals that privilege whiteness and light skin. Only in recognizing and challenging the racism that underpins colorism can we begin to address this pernicious prejudice.
[The author, Srishti Sharma is a second-year law student at IIMT School of Law, Karkardooma, affiliated to the Guru Gobind Singh Indraprastha University, Delhi.]
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
- Drugs and Magic Remedies (Objectionable Advertisement) Bill, 2020
- India fairness cream & bleach market overview, 2018-2023
- Times of India
- Economics time
- Livemint.com