Modern Indian society, while undergoing many socio-economic changes, largely remains a conservative society, placing a high value on the morals of restraint, chastity and the limits on sexuality. In this regard, a legislation curbing the dissemination of obscene material would be more than welcome.
Scholars have held that in many societies, many people are made anxious by the existence of obscene publications as they may induct feelings of guilt or uncertainty on discussion or perusal, and as a result, feel it is necessary and apt to punish the distribution of such objectionable material
Keeping in mind the Indian social-set up, the Act seeks to regulate the depiction of women in various sectors of the mass media in present day India. In dealing with a society as culturally diverse as ours, special heed needs to be paid to the sentiments of the community, and the same need to be protected by the State. Morality, while highly subjective, remains a sensitive issue in India, and reflects a large variety of personally culturally related and historically changing values and attitudes.
In light of the aforementioned, the Indecent Representation of Women Act, 1986, enacted in the thirty-seventh year of the Republic of India, is a pioneering legislation in the area of protection of the rights and welfare of women in India.
In addition to the above mentioned objectives, the researcher seeks to understand the objectives of the Act, the recent controversies and developments regarding it, and its application in various decisions of the courts.
The right to live with dignity has been enshrined in the Constitution and has been read into Article 21 by the Supreme Court on numerous occasions.
The Preamble of the Act, stating its purpose as the prohibition of depiction of women in an indecent manner, be it through advertisements, publications, writings, paintings, figures or in any other manner and for purposes connected with or incidental with any of these.
The Act may be treated as a legislation that strengthens the demands of millions of women across India, that is, to live without being objectified and not have their persons treated as promotion and selling instruments in the sphere of business and commerce.
The Indecent Representation of Women Act (IRWA) was enacted in 1987, supposedly in response to demands from the women’s movement to tackle the derogatory depiction of women in the media.
The Act prohibits publishing, causing to be published, or arranging or participating in the publication or exhibition of, any advertisement which contains indecent representation of women in any manner whatsoever, according to Section 3.
In addition to that, the Act also prohibits the publication or sending by post of books, pamphlets, papers, slides, films, writing, drawings, paintings, photographs or any other medium of representation that contain indecent representation of women. In the wider ambit of the term publication is included production, selling, leasing, distribution and circulation. However, exceptions have been made for representations for public good on the grounds of the publication being necessary in the interests of science, literature, art, or learning, art, or learning or other objects of general concern, or used bona fide for religious purposes. The same has been listed under Section 4 of the legislation.
Representations sculptured, engraved, painted or otherwise represented on or in any ancient monument within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958
