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Crusade against Obscenity

The campaign against Obscenity in general and against Sunny Leone in particular has stirred a hornets’ nest. Many of our readers want to pro-actively participate in the ‘Crusade against Obscenity’. We congratulate and welcome all.

We can act in the following ways.

1. To request the Government bodies to block such obscene websites

For this, we can send a letter/email to the District Police Commissioner ( addressed appropriately) and the Secretary of the Department of Home affairs. They will in turn forward it to the CERT ( a Central Government Body working under the Ministry of Information and Broadcasting), which is capable of advising the Government to block such sites.
If we are not getting any replies, we may keep on sending reminders and even file applications regarding the status of our complaint under the Right to Information Act.

2. To compel the police machinery to initiate legal criminal actions against the culprits in the matter.

A police complaint can be registered under the following section of various Acts

Indian Penal Code – Section 292,293 and 294

Section 292- Sale, etc., or obscene books, etc.
Sub Section (1)
1. Sale, etc., or obscene books, etc.
2. For the purposes of sub-section (2), a 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 of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.]
Sub Section (2)
1. Whoever—

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, 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
(c) takes part in or receives profits from any business in the course of which he knows or has reason 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
(d) 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
(e) offers or attempts to do any act which is an offence under this section, shall be punished 263 [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].

(Exception) —This section does not extend to—

(a) any book, pamphlet, paper, writing, drawing, painting, repre­sentation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monu­ments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]]
Section 293 – Sale, etc., of obscene objects 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 is referred to in the last preceding section, or offers or at­tempts so to do, shall be punished 2[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].
Section 294 – Obscene acts and songs
Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
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Section 3 and 4 of Indecedent Representation of Womens Act

Section 3 : Prohibition of advertisements containing indecent representation of Women

No person shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.

Section 4 : Prohibition of publication or sending by post of books, pamphlets, etc; containing indecent representation of women.

No person shall produce or cause to be produced, sell , let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph , representation or figure which contains indecent representation of women in any form:

Provided that noting in this section shall apply to-

(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure –

(i) the publication of which is proved to be justified as justified as being for the public good on the ground that such book, pamphlet, paper, slide , film, writing, drawing, painting, photography, representation or figure is in the interest of science, literature, art, or learning , art, or learning or other objects of general concern; or

(ii) which is kept or used bona fide for religious purpose;

any representation sculptured, engraved, painted or otherwise represented on or in –

(i) any ancient monument within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958 (24 of 1958); or

(ii) any temple, or on any car used or the conveyance of idols, or kept or used for any religious purpose;

any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of 1952), will be applicable.

Reference : http://wcd.nic.in/irwp.htm

 

Section 67 of The Information Technology Act, 2000

Punishment for publishing or transmitting obscene material in electronic form.
Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is 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, 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 five lakh rupees and in the event of 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 ten lakh rupees.
We hope that this article will serve as an adequate guide to all those people who wish to join this ‘Crusade against Obscenity’.