CHAPTER-VI

LAW REGULATING TO OBSCENITY AND INDECENT

REPRESENTATION OF WOMEN

In India women continued to be exploited for economic gains. The rapid

spread of nude and semi-nude floor shows in liquor bars and five star hotels has

prompted feminists and women’s organizations to demand an end to what is

seen as insult to Indian womanhood. But policemen are helpless as per the

court ruling, they can conduct the raids only when the shows are obscene but

obscenity is a matter of interpretation. In K.P. Mohammad’s case,1 the court held

that performance of Cabaret dance devoid of nudity and obscenity according to

Indian social standards in hotels and restaurants is not liable to be banned or

prevented. They have acquired enormous political clout since the business took

off about two decades back. Today, the police and the authorities have also

changed their attitude towards these. Therefore, such shows continue with the

connivance of the police and other authorities.

Pornographic magazines have become a big business. Their popularity

has increased with the parallel increase in the range and boldness of the

subjects covered. Bookstalls are covered with the periodicals and novel offering

an unchanging sex crime receipt in the best tradition of the worst pulp but it has

become so common that people take it as natural.2 These days, the markets are

flooded with books, magazines, periodicals, posters and other pornographic

11984 Cr. L.J. 745 (Kerala)

2 Roma Mukharji, Legal Status and Remedies for Women in India, (New Delhi: Deep & Deep
Publication,1997), p. 36.
 216

literature which depict women in most vulgar way. These books contain nude,

semi-nude photographs of women exposing the private parts of their bodies

which are bringing shame to womanhood of our country. These magazines are

just pornographic literatures which are spoiling the minds of our youth and

resulting in heinous crimes like rape and other assaults on the women and girls

in the country. For mere economic gain, women from all walks of life indulge in

the trade of body exposition. II was shocking to read the news of a lady lawyer of

Delhi High Court appearing in nude and semi-nude photographs in some

magazines. The Delhi Bar Association demanded for cancellation of her

membership. On such agreement, lady lawyers advocated that Anjali Kapoor’s

act in no way amounts to professional misconduct and it is time lawyers should

learn to differentiate between professional and personal life. This is entirely a

personal issue and has in no way affected her professional working.3 Today

vulgar films are flooded in the market. Scantily dressed heroines bring bonus to

the film producers. The police authorities says, “I think it would be prudish to

think that nude picture of a girl is obscene”.4

All these changes in the outlook and way of life have resulted in increased

sexual crimes against women. These crimes are too subtle for the law to

combat. They are responsible for spoiling many lives. Till there is an attitudinal

change in the outlook of society and equality in the true sense, women will keep

getting abused and continue to suffer without any legal remedy which can be

3 Times of India dated Nov. 15th, 1995.

4 Roma Mukharji, supra note 2, at p. 36.
 217

effectively enforced. The mere legislation to curb and control indecent

representation shall not be eiough. The legislative efforts have to be coupled

with widespread social awareness against this menace.

6.1 Obscenity and Pornography

The word ‘obscene’ though not clearly defined in the Penal Code must be

taken as meaning offensive to chastity or modesty, expressing or personating to

the mind or view something that delicacy, purity and decency forbid to be

expressed; anything expressing or suggesting unchaste and lustful ideas;

impure; indecent; lewd. And Pornography is an obscene literature, art or

photography. As held in Ranjjit D. Udeshi v. State of Maharastra,5 and State of

U.P. v. Kunjilal,6 both obscenity and pornography are distinguishable.

Pornography denotes writings* pictures etc., intended to arouse sexual desire

while the former may include writing etc., not intended to do so, but to arouse

such desire, which have a tendency. Both of course offend public decency and

morals but pornography is obscene in a more aggravated form. Regarding

pornographic pictures and writings there can never be a doubt that they would be

obscene within the meaning of Section 292 of the Penal Code.7

5 AIR 1965 SC 881.

6 AIR 1970 All 614.
7 Sec. 292 Sale, etc., of obscene book*, etc’
(1) For the purpose of sub-section (2), book, pamphlet, paper, writing, drawing, painting representation,
figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if
its effect, or (where it comprises two or more distinct items) the effect erf any one of its toms, is, if taken as a
whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in it.(2) Whoever : Sells, lets to hire,
distributes, publicly exhibits or in any manner puts into circulation or for purpose of sale, hie, distribution, public
exhibition or circulation, makes, produces or has in possession any obscene book, pamphlet, paper, drawing,
painting, representation or figure or any other obscene object whatever, or Imports, export or conveys any
obscene object for any of the purpose afoesaid, or knowing or having reason to believe that such object will be
sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or Takes part in or receives
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6.2 Obscenity

The sale, hire, distribution, public exhibition circulation, import, export or

advertisement, etc., of any matter which is obscene is prohibited by the I PC*8 * * * * * *

Sections 292 and 293, IPC were amended in 1969 to make the existing laws

more definite in explaining the term obscenity. In order to make the law relating

to publication of obscene matter deterrent, the section provided enhanced

punishment.

The Supreme Court in Ranjit D. Udeshiv. State of Maharashtra,9 observed

that, the test of obscenity to adopt in India is that obscenity without a

preponderating social purpose or profit cannot have the constitutional protection

of free speech and expression and it is obscenity in treating sex in a manner

appealing to the carnal desire of human nature of having that tendency. The

obscene matter in a book must be considered by itself and separately to find out

whether it is so gross and its obscenity so decided that it is likely to deprave and

corrupt those whose minds are open to influences of this sort and into whose

profits from any business in the course of which he knows or has reasons to believe that any such obscene
objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed,
publicly exhibited or in any manner put into circulation, or Advertises or makes known by any means,
whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section,
or that any such obscene object can be procured from or through any person, or Offers or attempts to do any
act, which is an offence under this section. Shall be punished (on first conviction with imprisonment of either
description for a term which may extend to two years, and with fine which may extend to two thousand rupees,
and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which
may extend to five years, and also with fine which may extend to five thousand rupees.
8 Section 293. Sale, etc., of obscene object to young person: whoever sells, lets to hire,
distributes, exhibits or circulates to any person under the age of twenty years any such
obscene object as it is referred to in the last preceding section, or offers or attempts so to
do, shall be punished On first conviction with imprisonment of either description for a term
which may extend to three years, and with fine which may extend to two thousand rupees,
and, in the event of a second or subsequent conviction, with imprisonment of either
description for a term which may extend to seven years, and also with fine which may
extend to five thousand rupees.
9 Supra note 5.
 219

hands the book is likely to fal. In this context the interest of our contemporary

society and particularly the influence of the book on it must not be overlooked. It

was further observed in this case that merely treating with sex and nudity in art

and literature cannot be regarded as evidence of nudity or obscenity without

something more. It was observed that where obscenity and art are mixed art

must be so preponderating as to push the obscenity into the shadows or the

obscenity is so trivial and insignificant that it can have no effect and may be

overlooked. When treatment of sex becomes offensive to public decency and

morality is judged by the prevailing standards of morality in that society, then only

the work may be regarded as an obscene production.

It was held in Chandra Kant Kalyandas Kakodkar case10 that in

considering the question of obscenity of a publication what the court has to see is

whether a class, and not an isolated case into whose hands the book, article or

story falls, suffers in its moral outlook or becomes depraved by reading it or might

have impure and lecherous thoughts aroused in their minds.

6.3 Obscenity and printing

No doubt publication of obscenity matter is an offence under section 292

of IPC. The question is whether a publication includes the printing of the subject

matter of obscenity or not? If there is an isolated act of printing, whether such

act constitute an offence under this section. The former question is answered by

the court in the case of Ravi v. State,*11 the large quantity of obscene matter,

10 (1969) 2 SCC 687: AIR 1970 SC 1390.

111989 (1) crimes 259.
 220

seized from the petitioner’s premises, where he was running a commercial

venture, and where he must obviously have been spending much time, clearly

established the charge under Section 292 of the Penal Code. It was obviously

for sale, distribution or circulation. The later it was held in Chandra Kant

Kalyandas Kakodkar,;12 that in considering the question of obscenity of a

publication what the court has to see is whether a class, and not an isolated case

into whose hands the book, article or story falls, suffers in its moral outlook or

becomes depraved by reading it or might have impure and lecherous thoughts

aroused in their mindsi

In Promilla Kapur v. Yash Bhasin,n the Delhi High Court examined the

book entitled Indian Call Girls. The court felt there was nothing wrong if a

sociologist made a research on the subject of call girls in order to know the

reasons as to how and why girls enter this profession.

6.4 Film Censor Board

Certificate grarted by Film Censor Board does not bar criminal courts

jurisdiction to try for the offences under the cinematograph Act 1952. As held in

the case of Raj Kapoor v. State,14 the court is not barred from trying the case

because the certificate issued under such Act is not conclusive. It was held there

is no difficulty in lying down that in a trial for the offences under Section 292 and

293 of the Penal Code, a certificate granted by the Censor Board does not

provide an irrefutable defence to accused who have been granted such a

12 (1969) 2 SCC 687: AIR 1970 SC 1390.

131989 CriLJ. 1241, (Del)
14 AIR 1980 SC 258.
 221

certificate, but it is certainly a relevant fact of some weight to be taken into

consideration by the criminal court in deciding whether the offence charged is

established. Regard must be had by the court to the fact that the certificate

represents the judgement of a body of persons particularly selected under the

statute for the specific purpose of adjudging the suitability of films for public

exhibition, and that judgment extends to a consideration of the principal

ingredients which go to constitute the offences under section 292 and 293 of the

Indian Penal Code. At the same time the court may not spell inevitable guilt if the

law itself declares that in certain special circumstances, it is not to be regarded

as an offence. The chapter on general exceptions operates in this province.

Section 79 makes an offence a non-offence only when the offending act is

actually justified by law or is bonafide believed by mistake of facts to be so

justified. If, as here, the Board of Censors, acting within their jurisdiction and on

an application made and perused in good faith, sanctions the public exhibition,

the producer and the connected agencies do enter the statutory harbour and are

protected because section 79 (of penal code) exonerates them at least in view of

their bonafide belief that the certificate is justificatory. Thus the Trial Court when

it hears the case may be appropriately apprised of the certificate under the Act

and, in the light of our observations, it fills the certificate under Section 79 is right

for the court to discharge the accused as the charge is groundless.

In the later judgement the role of Section 79 was considered, while the

former relating to the same film this aspect was not considered must remind itself

that the function of deciding whether the ingredients are established is primarily
 222

and essentially its own function and it cannot abdicate that function in favour of

another, no matter how honest and qualified be the statutory authority. The

Court was not persuaded that once a certificate under the Cinematograph Act is

issued the Penal Code, pro tango would hang limp. The court will examine the

film and judge whether its public display, in the given time and clime, so

breaches public morals or deprives basic decency as to offend the penal. The

Supreme Court rejected the extreme contention fiat a board certificate bans the

criminal court’s jurisdiction to try the offences under section 292/293 of I.P.C. In

Raj Kapoor v. Laxman,15 it was observed:

“The position that emerges in this, jurisprudentially viewed, an act may be

an offence, definitely speaking; but a forbidden act”.

If the Board of Censors, acting within their jurisdiction and on an

application in good faith, sanctions a public exhibition, the producer and the

connected agencies do enter the statutory harbour and are protected because

Section 79 of the Indian Penal Code exonerates them at least in view of their

bonafide belief that the certificate is justificatory. The still photographs of such a

motion picture when printed in a magazine cannot be challenged as obscene, as

held in Sebabrata Gupta v. Badrinath Jaiswal,1B following the decision in Raj

Kapoor v. Laxman.n

15 AIR 1980 SC 605.

161990 (3) crimes 601 (cal.)
17 Supra note 15.
 223

The film ‘Bandit Queerf18 deals with the real life story of Poolon Devi, a

poor, lower caste rural girl who is brutalized by her husband, the upper caste

community and the police and is transformed into a revengeful bandit. The film

contains scenes including female frontal nudity, a bare posterior, rape, violence

and generally strong language. The Appellate Censorship Tribunal unanimously

upheld the film’s ‘A’ certification (i.e., for adult viewing only) without requiring the

cuts which had been sought by the Censorship Board. When the film opened for

public viewing, the first respondent, a member of the upper caste community

depicted in the film, filled a writ petition before the Delhi High Court seeking a

ban of the film on the ground that it depicted members of his community as

rapists and the portrayal of PD was ‘a slur on the womanhood of India’. The writ

petition was allowed by a single judge, who quashed the certificate granted to the

film and suspended its screening until the Censorship Board carried out

modifications and excisions in terms of his order. The appellants appealed to

the Supreme Court.

In allowing the appeals and restoring the film’s ‘A’ certificate, it was held

that: The censorship guidelines under Sec. 5B of the Cinematography Act 1952,

which echo the constitutional restrictions on the guarantee of freedom of

expression {Art 19 (2f), are broad standards that cannot be read as one would

read a statute. The film certification authorities are required to be responsive to

the values and contemporary standards of society while ensuring that artistic

expression and creative freedom are not unduly curbed. The film must be judged

18 (1996) 4 SCC 1 AIR 1996 SC 1846: (1997) 3 LRC 1.

 224

in its entirety from the point of view of its overall impact (K.A. Abbas v. Union of

India,19 Raj Kapoor v. State,20 Samaresh Bise v. Amal Mitra21 and State of Bihar

v Shailabalc Devi, ^considered).

6.5 Whether Sec. 292 Offends Art. 19 of the Constitution

Sec. 292 I.P.C. does not offend Art 19 (2) of the constitution. In deciding a

question whether a novel and the portions, which are the subject matter of the

charge, must be judged by the Court in the light of the ingredients of Sec. 292 of

the I.P.C. and the provisions of the Constitution. A balance should be maintained

between freedom of speech and expression and public decency and morality, but

when the latter is substantially transgressed, the former should give way.

Obscenity without a preponderating social purpose or profit cannot have the

constitutional protection of freedom of speech and expression and obscenity is

treating with sex in a manner appealing to the carnal side of human nature, or is

possessed with that tendency. Such a treating with sex is offensive to modesty

and decency but the extent of such appeal in a particular book, etc., is matters

for consideration in each of the individual cases.

The aforesaid observations were made in dealing with the book titled

“Lady Chatterley’s Lover" which was declared as obscene.23

Sec. 294 I.P.C. is intended to prevent obscene acts being performed in

any public place to the annoyance of others. No precise or arithmetical definition

19 (1970) 2 SCC 780 (IndSC)

20 (1980) 1 SCC43 (IndSC)
21 (1985) 4 SCC 289 (IndSC)
22 (1952) SCR 654 (Ind SC)
23 Supra note, 5.
 225

of the word “Obscene” which covers all possible cases can be given. It will have

to be judged on the facts of each case whether in the context of its surroundings,

the questioned act is obscene or not. Accordingly in Chandrakant v. State of

Maharashtra,24 it was observed that the concept of obscenity would differ from

country to country, depending on the standards of moral of contemporary society.

What is considered as a piece of literature in France may be obscene in England

and what is considered in both countries as not harmful to public order and

morals may be obscene in our country? In Kinmlay Corporation v. Regents of

University of New York,25 dealing with “Lady Chatterley's Lover”, the Supreme

Court of United States of America upheld propagation as not offending freedom

of expression. But Art.19 (2)26 of our Constitution makes all the more difference.

None has attempted so far a definition of obscenity because the meaning can be

laid bare without attempting a definition by describing what must be looked for.

In the old films love scenes could be demonstrated even without touching

the body of each other and the public could appreciate even through the

movement of eyes. Some films cross all limits of vulgarity as per Indian thoughts

that it becomes disgusting for any Indian having a place of pride of its own

culture. Such films are designed only to be a Box Office success, even by

polluting the minds of the adolescents and young men. It is surprising that they

24 AIR 1974 SC 1290

25 (1959) 3 Law ed. 2d. 1512.
26 Art 19(2) of the Constitution-Protection of certain Rights regarding freedom of speech etc.
 226

pass the test of the Censor Board and are granted certificate under Section 6 of

the Cinematographic Act.27

Again in GD Doordarshan v. Anand Patwardhan,28 decided not to telecast

the documentary film “Father, son and Holy War” which looked at the question of

gender along with issue of religious violence. This film won many National and

International award in Israel, Japan and Canada. The Court directing

Doordarshan to telecast film held: In our opinion the respondent has a right to

convey his perception on the oppression of women, flawed understanding of

manhood and evils of communal violence through documentary film produced by

him. The freedom of expression which is constitutionally protected cannot be

held to ransom on a mere fal of a hat. The film in its entirety has a serious

message to convey and is relevant in present text. Doordarshan being a State

controlled agency funded by public funds could not have denied access to screen

the respondent’s documentary except on specified valid grounds.

6.6 The indecent Representation of Women (Prohibition) Act, 1986

Women have been depicted in the most respectable and aesthetic manner

on the one hand and, on the other, they have also been victims of indecent,

vulgar and obscene depictions. This contrast is difficult to balance especially

where women are treated as 'goods' to promote sales. The terms obscene,

indecent or vulgar are difficult to define as they are intricately linked to the moral

values in a society. The test of obscenity is whether the tendency of the matter,

27 V.K.Diwan, Offence Against Women, 2nd ed., (New Delhi: Orient Law House, 1995), p.
173.
28 (2006) 8 SCO 433: AIR 2006 SC 3346.
 227

charged with obscenity, is to deprave and corrupt those whose minds are open to

such immoral influences and into whose hands a publication of this sort may fall.

If it does, the matter falls within the purview of obscenity.

The law relating to obscenity is codified in Sections 292, 293 and 294 of

the Indian Penal Code. Inspite of these provisions, there is a tendency to

represent women indecently in publications, particularly advertisements which

have the effect of denigrating the woman. These advertisements29 and

publications30 have the effect of depraving and corruption persons and making

women the object of their lust A new law indecent Representation of Women

(Prohibition) Act, 1986 was passed to combat this evil.

Decency is how obscenity is defined, but not as universal. And both have

something to do with the permissive extent of exposure of human flesh. There

was a time when human being used to remain all naked. But gradually the

process was not liked somehow and the definitions of obscene, decency, etc.,

had to be searched with the invent of the appropriate words. The idea of

obscenity perhaps came three hundred years ago when Sir Charles Sedly

exposed his person to the pubfic gaze on the balcony of a tavern. It was taken in

bad taste. What was to the dislike was the extent of exposure that too in public

gaze incomplete. So the concept, extent or permissiveness of the exposure of

29 Section-3, Prohibition of advertisements containing indecent representation of women.

30 Section-4, Prohibition of publication or sending by post of books, pamphlets
 228

human body in the public gaze, well, it was a case of a male. The

permissiveness in the case of a female shall have to be more restricted.31

Indecent means the depiction in any manner of the figure of a woman, her

form or body or any part thereof in such a 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.

6.7 Publication of sex oriented matter in news paper

By publication of sex oriented matter in newspaper, the news paper

industry is not keeping balance with the protection of the children from harmful

and disturbing materials. Accordingly in case of Ajay Goswami v. Union of

India,32 the petition involves a substantial question of law and public importance

on the fundamental right of the citizens regarding the freedom of speech and

expression as enshrined under Article 19(1) a) of the Constitution of India. The

Petitioner’s grievance is that the freedom of speech and expression enjoyed by

the newspaper industry is not keeping balance with the protection of children

from harmful and disturbing materials. That article 19(1) (a) guarantees freedom

of speech and expression of individual as well as press. It acknowledges that the

press is free to express its ideas but on the same hand, individual also has right

to their own space and right not to be exposed against their will to other's

expression of ideas and actions.

31 K.Kumar & Punam Rani, Offence Against Women, (New Delhi: Regency Publication,
1995), p.353.
32 SCC (2), 2007, 298.
 229

By way of this petition, the petitioner requested the Court to direct the

authorities to strike a reasonable balance between the fundamental right of

freedom of speech and expression enjoyed by the press and the duty of the

Government, being signatory of the United Nations Convention on the Rights of

the Child, 1989 and the Universal Declaration of Human Rights, to protect the

vulnerable minors from abuse, exploitation and harmful effects of such

expression. The petitioner requested the Court to direct the authorities

concerned to provide for classification or introduction of a regulatory system for

facilitating climate of reciprocal tolerance

The petitioner is not in any way seeking restraint on the freedom of press

or any censorship prior to the publication of article or other material. The

petitioner is only seeking for the regulation at the receiving end and not at the

source. Whatever is obscene is not protected by any law and there are

numerous avenues for the redressed of grievances for the publication of any

obscene material. However, all sex-oriented material is not always obscene or

even indecent or immoral. The effect of words or written material should always

be judged from the standards of a reasonable strong-minded, firm and

courageous man i.e., an average adult human being. No attempt has been

made till date to define any yardstick for minors whose tender minds are open for

being polluted and are like plain slate on which any painting can be drawn.

Sex oriented articles etc., may not be obscene within the four corners of

law but certainly have tendencies to deprave and corrupt the minds of young and

adolescent who by reasons of their physical and mental immaturity need special
 230

safeguards and care. Petitioner invited court’s attention to some of the clippings

annexed along with the petition. These Clippings are only examples and such

examples not only confined to newspapers mentioned herein but are of general

nature. The double-meaning jokes cannot in any way leave healthy impact on

the tender minds of the teenagers. The photographs certainly are part of news

from around the world and India. However, the tone and tenor of the article as a

whole and the way some of the photographs are published and described may

not be in the interest of the minors. The photographs annexed at p. 24 of the

paper-book and the caption below them such as “The center of Attention”.

Double Jeopardy and “Butt of Course” leave much for the thoughts of minors. If

the minor is of an age where he/she cannot understand the meaning, he/she

would like to know from others and if the minor has come to an age where he/she

is able to understand this would certainly energies his/her grey cell in the brain

and would titillate him/her. What kind of culture and message the article titled

“Moan for More” or “Get That Zing Bag into Your Sex Life” convey. Is it really

necessary for a child to read at a very early stage the concept of masturbation,

ejaculation, penetration, etc., as is normally discussed by so-called sex experts in

columns of newspapers? At what age should we start telling our children where

to have sex and how to break their monotony? News item on MMS clipping is

certainly not obscene but do we really need to show the nude photographs with

only small black strips on the private parts to our children without even bothering

of its effects? in Times of India dated 1-8-2005 an article titled “Porn in Potter VP’

was published, copy Of which is annexed with the petition. The author has tried
 231

reading and suggesting sexual messages in these lines. Children who were

reading the book might not have any such inclination. However, after reading

newspaper their mind would certainly wander to an area which the author might

not have even conceived.

No doubt, we are not living in an ear of Gandhari but some have culture

and respect for elders and some decorum and decency towards children.

Undoubtedly, such kind of stuff is available free on internet, movies, televisions,

etc., but is the families and the community environment really ready to accept it

in to or are they passive receiver of the same without any control of check? Are

these articles really making our children morally healthy?

Moral values should not be allowed to be sacrificed in the guise of social

change or cultural assimilation. The Supreme Court observed that, in our

opinion, the present scenario provides for a regulatory framework under which

punishment is prescribed for flouting the standards set by the Press Council of

India by newspapers/print media. Further, Respondents 3 and 4 have a self-

regulatory mechanism in place and they have to strictly adhere to the standards

set by the Press Council Act, 1978. According to them, the advertisements,

news articles and photographs are scrutinized by the advertising department and

in the event the advertising department is in doubt, the assistance of the legal

department is resorted to. It is also their case that the said departments are

managed by qualified persons who are well acquainted with the norms and

guidelines issued by the Press council. It was also submitted that Respondent 4,

as among other consistently rejected the publication of liquor and sexually

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exploitative advertisements, which may offend the sensibilities of families and in

contravention it was further submitted that Respondent 4, keeping in mind

special educational needs of school-going children publishes a supplement call

“HT Next- School Times” every Monday and the respondent does not send any

supplement to schools other than “HT Next- School Times” which is a newspaper

positioned mainly for the youth. This paper too keeps in mind the special needs

of the youth of today. The market segment that the respondent’s paper wishes to

cater and caters to is sections of society interested in business and is keen on

gathering information on all fronts of life. It was further submitted that the

newspaper intends to give a holistic perspective of the world to an individual. It

was submitted that the respondent’s paper has consistently over the last few

decades had a large circulation and consistent increase in its circulation each

year has not been due to publishing of its supplement “HT City”.

In view of the foregoing legal propositions the pictures in dispute had been

published by the respondents with the intent to inform readers of the current

entertainment news from around the world and India. The respondents’

newspapers seeks to provide a wholesome reading experience offering current

affairs, sports, political as well as entertainment news to keep its readers abreast

of all the latest happenings in the world. The pictures that have been published

should next to them. In the event, that a particular news item or picture offends

any person they may avail of the remedies available to them under the present

legal framework. Any steps to impose a blanket ban on publishing of such

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photographs, in our opinion would amount to prejudging the matter as has been

held in Fraser v. Evans.33

This right conferred by the Constitution has triggered various issues. One

of the most controversial issues is balancing the need to protect society against

the potential harm that may flow from obscene materials, and the need to ensure

respect for freedom of expression and to preserve a free flow of information and

ideas.

33 (1969) 1 QB 349; (1968) 3 WLR 1172; (1969) 1, All ER 8, (CA).