Indecent Representation of Women Act: Civil Services Mentor Magazine December 2012

The Union Cabinet on 11 October 2012 approved the introduction of Amendments to the Indecent Representation of Women (Prohibition) Act, 1986 in Parliament under the chairmanship of Prime Minister Manmohan Singh. The amendments proposed are as:

Broaden the scope of the law to cover the audio-visual media and material in electronic form which includes Internet, satellite- based communication, multi-media messaging and cable television, among others.

Penalties to be enhanced to a maximum of three years of imprisonment and fine of between 50000 to 100000 Rupees for first conviction, and imprisonment of not less than two years, but which may extend to seven years, and a fine between 100000 Rupees to 500000 Rupees for second conviction.

Police officers not below the rank of Inspectors authorized to carry out search and seizure, in addition to State and Central Government officers authorized by the State or Central Government. The Act was enacted in 1986 to prohibit the indecent representation of women through advertisement, publication, writing, and painting or in any other manner. With the increased use of advanced technology and communication devices in everyday life, the Government felt the scope of the Act should be amended. The amendments were introduced after consultations with stakeholders, including lawyers and civil society organisations, on the draft Bill.

Some Facts about Indecent representation of women Act:

The act under its ambit covers:

Advertisement which includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas.

Distribution which includes distribution by way of samples whether free or otherwise. Indecent representation o f women means the depiction in any manner of the figure of a woman; her form or body or any part thereof in such 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.

Label means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package. Package includes a box, a carton, tin or other container. The Union Cabinet has consented to amend the “Indecent Representation of Women (Prohibition) Act, 1986” in Parliament broadening its scope and imposing stricter penalties. This law aims at curbing indecent representation and increased objectification of women through advertisement, publication, writing and painting or in any other manner.

In view of modern communication channels development of newer forms of communication such as internet and satellite-based communication, multimedia messaging, cable television etc. , a need was felt to address such media such as mms and internet- based platforms which indulge in spreading messages, pictures and representations denigrating the honour of women. By covering these newer forms of communications, more effective protection was sought for.

Some of the major changes effected will be:

(1) Audio-video and electronic media covered

(2) Enhanced penalties

1. First Conviction - three years of imprisonment and fine of between Rs.50,000 to Rs.1,00,000 
2. Second Conviction imprisonment of not less than two years, but which may extend to seven years, and a fine between Rs.1,00,000 to Rs.5,00,000

(3) Authorised government officers and police officers not below the rank of Inspectors authorized to carry out search and seizure.

Some relevant Acts which supplements Indecent Representation of Women (Prohibition) Act, 1986:

1. Press and Registration of Book Act 1867
2. The Information Technology Act, 2000: This Act has made provisions against indecenet and inappropriate representation of women.