Overview: Legal Measures against Indecent Representation of Women In India
Introduction
Women are the foundational and fundamental pillars of a society. Women carry with themselves the seeds of progeny that furthers the society. The irony is that women are the one who are subjugated the most and are looked down as vulnerable. The indecent and obscene representation of women is practiced despite the fact that they are considered as the revered form of Goddess contradicts the very ethical footing of the societal block. To keep a checkpoint of the same the Indecent Representation of Women (Prohibition) Act, 1986 [IRWA, henceforth] was formulated to regulate the arbitrary sell, print, videography etc. of the women who are portrayed in an indecent or obscener way.
Indecent implies that which is derogatory towards the image and person of the women and intends to portray her as object in the hands of few. Article 19(1)(a) of the Constitution of India provides for freedom of speech and expression but it is limited by the reasonable restrictions provided under Article 19(2) that specifies for morality, decency, public order, etc., and any derogatory representation as per society norms would curtail the such expression which is mandated by the constitution.
Indecent Representation as per Section 2 (c) of the IRWA means any depiction of figure, form or body of a women in an indecent or derogatory or denigrating way so as to corrupt the public morality .
Legislative Framework
- Section 294 to 296 of Bharatiya Nyaya Sanhita, 2023
They deal with the sale and purchase of sexually explicit material, songs etc., that might portray a person in an indecent or obscure manner. It punishes for electronic display of obscure and obscene representation of any person in any book, song, pamphlet, etc. It does not specify about women but deals the obscene representation of a person in general and that person could be anyone.
2. Indecent Representation of Women (Prohibition) Act, 1986
It is one of the dedicated legislation for the women that seeks to punish for the indecent representation of the women. The Act primarily deals with the indecent distribution and advisement of women by any other person in book, songs, pamphlets, etc.
Section 3 of the Act prohibits using of advertisement in depicting women in an indecent and obscure manner. Section 4 of the Act mainly deals with prohibiting the sale, purchase, circulations etc., of a book, letter, pamphlet, film, drawing, painting, etc. which represents women in a derogatory manner. But such depiction is allowed if it is done in a bona-fide way and for the purpose of art or is a part of a film or is an engraving on an ancient monument.
3. Section 67, 67A and 67B of Information Technology Act, 2000
The provision specifies that all those will be punished those who depict anyone whether men or women or children in a derogatory manner with the intent to publish or transmit the material in electronic form in sexually explicit manner. It also punishes those who involves the children in such outraging task.
Parameters of Determination
Indecent representation of women is a very subjective terminology and to decipher it some tests are there, that helps in determining whether indecent representation is done or not. The tests are as follows-
- Hicklin Test-
The test is based on the premise that the content or the material be such that could morally deprave or corrupt one. In the case of Regina v. Hicklin, the Hicklin test was evolved. In the case of Ranjit D. Udeshi v. State of Maharashtra , the Hicklin test was used to determine whether the novel of Mr. Lawerence titled " Lady Chatterly's Lover" was to be considered obscene or not. The court based upon the Hicklin Test found the book to be an indecent or obscene representation.
This test is not much acknowledged by the courts for its lack of relevance in various matters.
2. Community Standards Test-
The community standards is the newly construes basis for determination of an indecent and obscure act of representing a women.
In Aveek Sarkar v. State of West Bengal, the court applied this test for its relevancy that it carries it with-self. The test determines obscenity and indecency based upon the the prevalent standards of the society or the community at that point of time and juncture.
This is the most preferred test as it enables the courts to adjudicate on the social media or cyber related matters as well. The test serves the test of time by acknowledging the dynamic structure of the society and stands up with the community standards that evolve with the time.
Conclusion
Women constitutes almost half of the population and are the crucial blocks for the society, and any disregard to her in representing her would undermine her stature in the society. The IRWA is a special legislation that specifically targets women and thereby acknowledges the grievances that may arise out of the indecent representation of women. The Act is a willed step towards dealing with indecent or obscure portrayal of women in any publication or engraving or in electronic form. The Act thus provides a positive outlook specifically targeting women who are usually the targeted and vulnerable section. Thus, the implementation of the act would restrict and keep a check on use of indecent demonstration of women.