Powers regarding Indecent Representation of Women (Prohibition) Act, 1986 | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Women's organizations have been advocating against the negative portrayal of women in the media, focusing on issues like dowry, stereotypical roles, and objectification.
• The Indecent Representation of Women Act, 1986 aims to regulate how women are depicted in various forms of Indian mass media to protect societal values and individual dignity.

History of the legislation

• The legislation was introduced in response to a women's movement demanding action against the demeaning depiction of women in the media.
• Enacted in October 1987, the law aimed to ensure that representations of women in mainstream media, especially in print, were not indecent or derogatory.

Objective of the Act

• The Act addresses the issue of indecent representation of women in ads, publications, and other media forms that degrade or corrupt public morality.
• It supplements existing laws like sections 292, 293, and 294 of the Indian Penal Code to curb the portrayal of women in demeaning and offensive ways.

Defining "indecency"

• Under the Act, "indecent representation" refers to any portrayal of women that is degrading, corrupt, or contrary to public morality, aiming to prevent obscenity and derogatory images in media.
• The law targets advertisements, publications, and other media that may have a negative impact on society's perception of women.

Powers vested to officer and government under the Act

Section 5: Power to enter and search

• Authorized officers can enter and search premises within their jurisdiction to investigate potential violations of the Act.
• They have the authority to seize any material that contravenes the law, such as advertisements, books, or images that are deemed indecent.
• Procedures for search and seizure are outlined in the Criminal Procedure Code of 1973 to ensure legal compliance and protection of rights.
• Seized items must be presented to the nearest Magistrate promptly for further instructions and custody.

Section 6: Penalties

• Penalties under Section 6 of The Indecent Representation of Women Act, 1986 are imposed on offenders.
• A fine of up to ten thousand rupees may be imposed as the penalty for the first offense.
• For a second or subsequent conviction, the penalty includes a minimum term of imprisonment of not less than six months and may extend up to five years.
• The fine in such cases shall be at least ten thousand rupees.
• If a person is convicted multiple times, the imprisonment term will be no less than six months and can extend up to five years, along with a fine ranging from fifty thousand rupees to five lakh rupees.
• However, the maximum sentence will not exceed five years.

Section 8: Offences to be Cognizable and Bailable

• Section 8 of the Indecent Representation of Women Act, 1986 specifies that despite the regulations outlined in the Criminal Procedure Code of 1973 (2 of 1974), any offense punishable under this Act is considered bailable.
• Furthermore, any offense recognized under this Act carries a punishment.

Section 9: Protection of Action Taken in Good Faith

• Section 9 of the Indecent Representation of Women Act, 1986 provides immunity to certain government officials.
• The Central Government, government officers, and State government officials are protected from legal actions if their actions are done in good faith under this Act.
• They cannot be held liable for any actions or prosecution arising from their activities conducted in accordance with the Act.
• This immunity extends to both the Central and State levels, ensuring that officials can perform their duties without fear of legal repercussions.
• It is crucial for officials to act in good faith and adhere to the provisions of the Indecent Representation of Women Act to benefit from this protection.

Section 10: Power to Make Rules

• The Central Government, under Section 10 of the Indecent Representation of Women Act, 1986, has the authority to create rules by notifying them in the official gazette.
• These rules can encompass various issues, including the process for seizing advertisements or other items and preparing and submitting the list of seized items to the concerned individuals.
• Additionally, the rules can cover any other matters that may need to be prescribed.
• Any rule formulated under this Act must be presented before each House of Parliament within thirty days of its creation.

Need for a New Law

• Advertisements, as defined in the Act, include various forms of communication such as notes, publications, stickers, and more.
• The proposed amendments seek to broaden the definition of advertisements to encompass a wider range of visual representations.
• The Indecent Representation of Women (Prohibition) Bill 2012 aims to address issues related to the objectification of women in media and establish a robust regulatory framework.

Conclusion

• While the Indecent Representation of Women Act has been effective in addressing indecent portrayal, there are shortcomings in its implementation.
• Concerns include corruption in the enforcement process and the need for more stringent penalties for offenders.
• There is a recognized necessity for stronger provisions to combat indecent advertisements effectively.