PROJECT

On
INDECENT REPRESENTATION OF WOMEN ACT 1986

In partial fulfilment of the requirements for the Award of a Degree of

LLB

Submitted To: Dr.Rekha verma

Supervisor
By: Kritika Matta
A3256121057
Section: B (3year LLB)
Sem: 3
 AMITY LAW SCHOOL
AMITY UNIVERSITY UTTAR PRADESH
INDIA

ACKNOWLEDGEMENT

I owe my deep gratitude to our project supervisor Dr. Rekha Verma who took a
keen interest in our project work and guided us all along, till the completion of our
project work by providing all the necessary information for developing a good
system. I thank my supervisor Sir for all the help she provided me with this project
report.
INDECENT REPRESENTATION OF
WOMEN (PROHIBITION ACT),
1986
Introduction
“Women are incomplete Men”- Aristotle
No matter what time or what place men or for a matter of fact women too
have indecently represented women, in response Women’s organizations
have agitated with regard to how their gender is being portrayed by the
media. Women’s struggles with the portrayal of advertisements that
encourage parents to save dowries for the child; the equation of a ‘good’
lady with a wife; a vegetable oil brand that equates to motherhood. It is true
that the number of advertisements promoting dowry has decreased due to
unrest among women’s organizations. But such campaigns have little
impact on advertisements promoting sexist stereotypes and pornographic
images which have increased if anything.
Keeping the Indian social structure as in mind, the law aims to regulate
women’s portrayals in the different sections of Indian mass media today. In
dealing with society as diverse from a cultural point of view, the feelings of
the community must be given special attention and the State must also be
protected. Morality remains a very subjective issue in India and reflects a
wide range of culturally and historically changing values and attitudes.
INDECENT REPRESENTATION OF WOMEN (PROHIBITION
ACT), 1986
The introduction of the Rajya Sabha Bill against Women’s Indecent
Representation in 1986 was in response to a women’s movement which
called for legislative action against the negative depiction of women in the
country. The bill was introduced by Margaret Alva in the Rajya Sabha and
became law in October 1987 by way of enactment.
The legislation intended to regulate women’s representation in mainstream
media, especially in print. It was implemented to ensure that women’s
representation in the media was not indecent through ads, magazines,
publications, and illustrations.
The Act
The Indecent Representation of Women Act (1986) is the Act of Parliament
of India. The Act intends to punish the indecent representation of women.
 The Act prohibits the indecent representation of women through

advertisements, paintings or any other manner. The Act was enacted

considering the increased cases of indecent representation of women which

had been rampant through misogynist trolls targeting women on social

media.
Indecency
In Section 2(c) under the Indecent Representation of Women Act, 1986, the
term “indecent representation” is defined as meaning “indecent
representation of women” in any way to have the effect of being indignant
or derogative of a woman, or of being corrupt or of being susceptible to
public morality, or moralistic depravity. The word “indecent
representation” is defined in the 1986 law, with emphasis on “depriving or
corrupting” content, and this is confused with morality. In the 1970s and
1980s, women’s organizations protested the indecent portraiture of women
primarily focused on nudity and sexually provocative or overtly typical
portrayal of women and thus strengthened the belief that the expression of
sexuality, in particular the expression of a woman, is an obscenity.
• The action was made in connection with the portrayal of the nude image of
the former player Boris Becker, and of his fiancée at Sportsworld, released
by the corporation in May 1993, against the editor of Anandabazar Patrika,
Aveek Sarkar, and the publisher at a court of law in Kolkata. In Individual
Female Représentation Cases, a 46.50% decrease has been recorded, from
2,917 in 2005 to 1,562 in 2006, according to the National Crime Records
Bureau.
In April 2006, a Madurai court issued non-bailable warrants in photographs
published by a Tamil newspaper against Reema Sen and Shilpa Shetty for
posing in an obscene manner. The study claimed that, for the same reason,
the two actresses had failed to comply with earlier summons, thus issuing
the warrants. The petitioner submitted that in its issues of December 2005
and January 2006, the paper had published “very sexy blow-ups and
medium blow-ups” and allegedly infringed the Obscene Representation of
Women (Prohibition) Act 1986, Young Persons (Harmful Publications) Act
1956, and the Indian Penal Code Section 292. The plaintiff further
demanded confiscation of the photographs under the terms of the Press and
Registration of Book Act 1867.
Section 4
This section of the act directly deals with restricting the production, distribution,
hiring, selling, circulation of any books, pamphlets, paper, slide, films, writing,
drawing, painting, photograph or figures which contain material that represent or
tend to represent women Indecently or in an obscene manner.
However there are certain exceptions to this:
 This section does not apply to the publication of such items which are approved and
justified for public interest and good. For example, If any such books, drawings or
pictures are used for the purpose of learning such as science, literature or other
objects of general concern, it can be published and distributed.
If such publication is kept or used with a bona fide intention for religious purposes,
such publication of books and drawings can not amount to restriction under this
section. For example- Pictures of Shiva’s Linga and Yoni will not amount to
Indecent Representation.
Any sculptures, paintings, engravings on Ancient monuments which comes within
the meaning of Ancient Monuments and Archaeological Sites and Remains Act
1958 does not amount to Indecent Representation.
Any temple, or any car which has any publications, drawings, printing and are used
for the conveyance of Idols or kept or used for any religious purposes does not
comes under the ambit of this section
Similarly, production of any films in respect of which the provisions of Part II of the
Cinematograph Act, 1952, have been applied does not amount to Indecent
Representation Of Women.

Section 5: power to enter a nd search

Section 5 of the Indecent Representation of Women Act, 1986 gives power
to the officer to enter and search any premises within the region.
(1) Any gazetted officer approved by the State Government can, subject to
such rules as may be prescribed, within the local limits of the region for
which it is so authorised;
1. He can enter and search, at any reasonable time, any place where he
considers it necessary to believe that an offence under this Act has been
committed or is being committed, with such assistance;
2. He can seize any advertisement or book, pamphlet, paper, slide, film,
writing, drawing, painting, photograph, representation or figure that it
believes to contravene any of the provisions of this Law;
3. He has the power to examine, and seize any record, register, document or
other material object found in any of the places referred to in Clause(a) if it
has reason to believe that it can provide evidence of an offence punishable
under this Act:
Given that no entry under this article is made without a warrant into a
private dwelling-house:
Furthermore, sub-section of this states the power to seize may be exercised
in respect of any document, article or item containing such advertisement,
including the contents, if any, of such document, article or item, where the
advertisement can not be separated by reason of its being embossed or
otherwise from such document, article or item without affecting its
integrity, use.
(2) The provisions of the Criminal Procedure Code of 1973 (2 of 1974), to
the degree practicable, shall extend to any search or seizure under this Act
in respect of any search or seizure carried out under the authority of a
warrant issued under Section 94 of that Law.
 (3) Where a person seizes something referred to in Clause (b) or Clause (c)
of subsection ( 1), he shall inform the nearest Magistrate as soon as possible
and take his instructions as to his custody thereof.
Section 6: Penalties
Section 6 of The Indecent Representation of Women Act, 1986 imposes a
penalty on the offender. The terms and a fine extending to ten thousand
rupees and the terms if a second or subsequent prosecution occurs, the
penalty may not be less than six months but may extend to five years and
may also extend, at least, to ten thousand rupees shall substitute for words
or fine which may exceed two thousands rupees. The words in case of a
second or later conviction to a sentence of no less than six months but
which may extend up to five years and not less than fifty thousand rupees
but may be extended to five lakh rupees shall, however, be replaced by the
words. Their sentence shall not extend to five years.
Section 8: offences to be cognizable and bailable
Section 8 of the Indecent Representation of Women Act, 1986 states that
despite all the provisions of the 1973 (2 of 1974) Criminal Procedure Code,
an offence punishable in accordance with this Act is to be bailable. And any
offence which is recognised under this Act will be punishable.
Section 9: protection of action taken in good faith
Section 9 of the Indecent Representation of Women Act, 1986 states that
The Central Government, any government or other central government
officer or any other State government official shall not be liable against any
action, prosecution or other legal proceedings for anything done or intended
in good faith in accordance with this Act.

Section 10: power to make rules

Section 10 of the Indecent Representation of Women Act, 1986 states that
the Central Government can make the rules by notifying in the official
gazette. In particular, these rules can cover all or any of the following issues
without prejudice to the generality of the previous force, i.e.:
1. how to seize advertisements or other objects and how to draw up and submit
the seizure list to the person from whom any advertisements or other things
were confiscated;
2. any other matter that may or may be required to be prescribed.
Any rule made pursuant to this Act shall be laid down before each House of
Parliament as soon as possible after it has been made, while it is in session
for a total period of thirty days, which may consist of one session or two or
more successive sessions, and if both Houses agree to make any
amendments before the end of the session immediately following the
session or the successive sessions referred to above
Loopholes
The Act has limited scope due to the reason of Fake Avatars and also due to
its applicability on the Print Media.
The definition of Indecent Representation is defined in an ambiguous and
vague manner. It focuses on the material that intends to deprave or corrupt
the morality which has intermixed the term indecency and morals. So,
ambiguity hinders the effective and efficient implementation of the laws.
New Act of 2012
The Bill of 2012 proposed various amendments in the Act:
● Amendment in the definitions of term “advertisement” to include digital
form or hoardings or SMS or MMS, the definition of distribution to include
publication, license or communication, or uploading content on the
computer.
● Insertion of a new definition of “Publish”.
● Section 4 includes that no person shall publish or distribute or cause to be
published or cause to be distributed by any means any material which
contains indecent representation of women in any form.
● Penalty to be more of similarity with IT Act, 2000.
● Creation of Authorities under the guidance of the National Commission
of Women.
● Such authority to be authorized to receive complaints regarding any
program or advertisement relating to the indecent representation of women.

Need For New Law

● The indecent objectification of women has increased.
● The scope of the new law is broader as compared to the law of 1986.
● The technological revolution has resulted in new forms of media.
● These advancements necessitated the scope to be widened so as to cover
the new forms of communication over the internet to strengthen the
safeguards and prevention of indecent representation of women.
Things overcome by new law
● Changes in definitions of Indecent Representation of women, Electronic
form, Publish have been incorporated.
● Punishment has been amended to be at least three years jail for the first
conviction and may extend up to seven years for subsequent convictions.
Also, the fine of Rs. 1 lakh and up to Rs 5 lakh respectively.
● The scope has been widened now.
● The television programs and films are also brought within the ambit of
the Act.
Drawback of 2012 Act
● The Definition of Indecent representation is still vague.
● The definition of obscenity is too vague.
● The shift in the focus of freedom of women to express their sexuality in a
different way that makes the offense undistinguished.
● Nudity is never equal to indecency.
Important Case Laws
Ajay Goswami V. Union of India
This is a relevant case which drew provisions from the Indian Penal Code,
Indecent Representation of Women (Prohibition) Act etc. to challenge
obscene content in newspapers. It also stated that the Press Council’s power
to censure needs to be reviewed.
The petitioner’s grievance was that the freedom of speech and expression
enjoyed by the newspaper industry was not in balance with the protection of
children from harmful and disturbing materials while reading the newspaper
which may corrupt their morality.
However the Court dismissed Goswami’s petition for failure “to establish
the need and requirement to curtail the freedom of speech and expression”
because the newspaper did not have any intention of catering to the prurient
interest or harming minors also there are certain regulatory measures in
place to ensure that no objectionable material gets published.
In Chandra Raja Kumari Vs Police Commissioner, Hyderabad
In this case, it has been held that the right to life includes right to live with
human dignity or decency and therefore conducting beauty contests is
repugnant to dignity or decency of women and offends Art 21 of the
Constitution.
The decision came in light because a the petition opposing the beauty
contests of women in general as they are unconstitutional because they
offend Article 51 A (e), Article 21 and Article 14 of the Constitution of
India and they are repugnant to international conventions and covenants and
the resolutions of the United Nations and conferences on women. They are
opposed to the decency, public morality and dignity of women in general
and women of Indian society in particular and repugnant to Indian culture,
traditions, and the social values. These contests are intended to exploit
women for commercial purposes and enrich the organizers at the cost of the
indecent representation of women.
Ranjit D. Udeshi vs State Of Maharashtra
Ranjit D. Udeshi was one of the four partners of a firm that owned a book-
stall. The partners were prosecuted under section 292 of the IPC for selling
copies of an allegedly obscene book, Lady Chatterley’s Lover, by DH
Lawrence. Udeshi argued that section 292 is violative of the rights to
freedom of speech and expression under article 19(1)(a) of the Indian
Constitution and that the book is not obscene if considered as a whole.
The Court examined the text of Lady Chatterley’s Lover and concluded that
it was obscene under the Hicklin test. The appeal against conviction was
thus dismissed.

Conclusion
There is no question that the Act has established women’s indecent
representation, but that description is not exhaustive. It’s left open to
interpretation by the courts. It is a successful law for maintaining women ‘s
integrity and upholding their reputation, but their success depends on their
implementation. The powers conferred on any gazette officer under the act
to search and seize indecent material resulted in extensive corruption.
Moreover, the penal provisions are not strict in nature, the quantum of fine
is way lesser as well as punishment for the repeated offenders. On the other
hand, if Section 292 of the IPC is intended to limit and control obscenity
and indecent representation of women, the expression of other general
objects of concern must be removed from the derogations. Thus, there is a
need for stringent provisions required to manage the indecent ads.