Publishing Picture Of Breastfeeding In Cover: Criminal Complaint Filed Against Malayalam Magazine

A criminal case under the Indecent Representation of Women Act has been filed against ‘Grihalakshmi’ magazine for publishing the picture of a breastfeeding woman in the cover page of its latest edition.The cover page of the Malayalam magazine shows a woman breastfeeding a baby, with the caption “Mothers tell Kerala :- Don’t stare, we want to breastfeed”. From the cover page it appears that the magazine edition features a campaign for the right to breastfeed in public without shame and unwanted male attention. The picture has garnered a lot of attention, and has been reported even in international media.The criminal complaint has been filed in the Court of Chief Judicial Magistrate, Kollam, by Advocate Vinod Mathew Wilson. It is alleged in the complaint that the picture is lascivious in nature, appealing to prurient interests and tends to degrade the dignity of womanhood. Therefore, the complaint alleges commission of offences punishable under Sections 3 and 4 of the Indecent Representation of Women(Prohibition) Act, 1986. According to Section 2(c) of the Act, “indecent representation of women” 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.Section 3 prohibits advertisement with indecent representation of women and Section 4 prohibits publication of books with indecent representation. The offence is punishable with a maximum punishment of imprisonment up to two years and fine up to two thousand rupees for first time offence.The Managing Director of Mathrubhoomi publications P.V Gangadharan, the Managing Editor of Grihalakshmi P.V Chandran, the Editor-in-charge M.P Gopinath are made accused in the complaint, apart from Gilu Joseph, the model who figured in the cover picture.Aveek Sarkar CaseA German magazine by name “STERN” having worldwide circulation published an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with his dark-skinned fiancée by name Barbara Feltus, a film actress, which was photographed by none other than her father. The article states that, in an interview, both Boris Becker and Barbaba Feltus spoke freely about their engagement, their lives and future plans and the message they wanted to convey to the people at large, for posing to such photograph. Article picturised Boris Becker as a strident protester of the pernicious practice of “Apartheid”. Further, it was stated that the purpose of the photograph was also to signify that love champions over hatred.“Sports World”, a widely circulated magazine published in India reproduced the article and the photograph as cover story in its Issue 15 dated 05.05.1993 with the caption “Posing nude dropping out of tournaments, battling Racism in Germany. Boris Becker explains his recent approach to life” – Boris Becker Unmasked.Anandabazar Patrika, a newspaper having wide circulation in Kolkata, also published in the second page of the newspaper the above-mentioned photograph as well as the article on 06.05.1993, as appeared in the Sports World.A lawyer practicing at Alipore Judge’s Court, Kolkata, claimed to be a regular reader of Sports World as well as Anandabazar Patrika filed a complaint under Section 292 of the Indian Penal Code against the Appellants herein, the Editor, Publisher and Printer of the newspaper as well as against the Editor of the Sports World, former Captain of Indian Cricket Team, late Mansoor Ali Khan of Pataudi, before the Sub-Divisional Magistrate at Alipore. Complaint stated that as an experienced Advocate and an elderly person, he could vouchsafe that the nude photograph appeared in the Anandabazar Patrika, as well as in the Sports World, would corrupt young minds, both children and youth of this country, and is against the cultural and moral values of our society. The complainant stated that unless such types of obscene photographs are censured and banned and accused persons are punished, the dignity and honour of our womanhood would be in jeopardy. The Magistrate held the accused persons to be examined under Section 251 Cr.P.C. and ordered that they would be put to face the trial for the offence punishable under Section 292 IPC alternatively under Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.Aggrieved by this accused persons preferred a Criminal Revision No.1591 of 1994 before the High Court of Calcutta under Section 482 Cr.P.C. for quashing the proceedings in Case No.C.796 of 1993 (corresponding to T.R. No.35 of 1994) pending before the learned Judicial Magistrate Court, Alipore. The High Court, however, did not appreciate all those contentions and declined to quash the proceedings under Section 482 Cr.P.C....

Publishing Picture Of Breastfeeding In Cover: Criminal Complaint Filed Against Malayalam Magazine

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