PROJECT SUBMITTED TO: DR. KIRAN SHARMA BY: AVANI MISTRY BUSINESS LAW GROUP ROLL NO: 12 1 ST YEAR LLM SNDT LAW SCHOOL DATED: / /2014 SIGNATURE: ACKNOWLEDGMENT This project would not been possible without the support of Pr!. Dr. KIRAN SHRMA, in charge of LOOPHOLES IN LAW, her sincere efforts in explaining the subject and related topic helped us to be familiar with subject. I am thankful to her for project that she has given us since it not only enhanced our ability to work on this vast topic, but also helps to collect information and understand particular topic well. CONTENTS LOOPHOLES IN I"#$%$"& R$'r$($"&)&*" ! W+$" ,Pr-*.*&*"/ A%& NO. TOPIC PAGE NO 1 INT!"#$TI!N 1 % $!N$&'T ( N)T#& !* )+T&N)T& "I,'#T& &,!+#TI!N % - 11 . /I,T!0 !* )1IT)TI!N ( )1IT)TI!N 1%2%3 4 $!N$I+I)TI!N %5 - .% 6 7&"I)TI!N ( N&8!TI)TI!N .. - .6 9 +!: )")+)T .92 41 3 I7')$)T !* )" !N !T/& &;I,I,TIN8 IN"I)N +)< 462 4= 5 /!< T! 7):& )" ,0,T&7 7!& >I)1+& 6? 261 = $!N$+#,I!N ( ,#88&,TI!N 6%269 1? &*&&N$&, INT!"#$TI!N T-$ I"#$%$"& R$'r$($"&)&*" ! W+$" ,Pr-*.*&*"/ A%& was passed by Indian parliament in 1=59. This prohibits indecent representation of women through advertisement or in publications, writings, paintings, figures or in any other manner. The 1ill seeks to amend the Indecent epresentation of <omen @'rohibitionA )ct, 1=59, which prohibits indecent representation of women through advertisements or publications, writings and paintings @primarily the print mediaA The 1ill seeks to widen the scope of the )ct to cover new forms of communication such as the internet, satellite based communication, cable television etc. The 1ill prohibits the publication or distribution of any material, which contain indecent representation of women. This provision does not apply to material, which may be published in the interest of science, literature or art or for bona fide religious purpose or for sculptures in ancient monuments or temples. The 1ill adds new definitions of Bindecent representation of womenC, Belectronic formC and BpublishC. BIndecent representation of womenC means the depiction of the figure or form of a woman in such a way that it has the effect of being indecent or derogatory or is likely to deprave or affect public morality. B&lectronic formC means any information generated, sent or stored in media, magnetic and optical form @as defined in the Information Technology )ct, %???A. B'ublishC includes printing or distributing or broadcasting through audio visual media. It amends definitions of BadvertisementC and BdistributionC to include all types of media @printed and electronicA. The 1ill authorises any police officer of the rank of Inspector or above to investigate offences committed under this law. The 1ill enhances penalties for various offences. *or representing women indecently, the penalty for the first offence was increased to imprisonment of three years from two years and a fine between s 6?,??? and s 1 lakh from s %,???. *or a subseDuent offence, the term of imprisonment shall be between two and seven years and fine between s 1 lakh and 6 lakh. 'ublished in the 8aEette of India , &xtraordinary. 't. II, ,ec. 1 No. 34. dated %.rd "ecember, 1=59 . )n )ct to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto. STATEMENT O0 OBJECTS AND REASONS O0 THE ACT The law relating to obscenity in this country is codified in ,ecs. %=%, %=. and %=4 of the Indian 'enal $ode. In spite of these provisions, there is growing body of indecent representation of women or references to women in publications, particularly advertisements, etc. which have the effect of denigrating women and are derogatory to women. Though there may be no specific intention, these advertisements, publications, etc. have an effect of depraving or corrupting persons. It is, therefore, felt necessary to have a separate legislation to effectively prohibit the indecent representation of women through advertisements, books, pamphlets, etc. The salient features of the 1ill areF @aA Indecent representation of women has been defined to mean the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent or derogatory to or denigrating, women or is likely to deprave, corrupt or injure the public morality or morals. @bA It is proposed to prohibit all advertisements, publications, etc. which contain indecent representation of women in any form. @cA It has also been proposed to prohibit selling, distribution, circulation of any books, pamphlets, etc. containing indecent representation of women. @dA !ffences under the )ct are made punishable with imprisonment of wither description for a term extending to two years and fine extending to two thousand rupees on first conviction. ,econd and subseDuent convictions will attract a higher punishment 70 )I7 </0 0!# /)>& ,&+&$T&" T!'I$, 1!!N, ( $#,& /0'!T/&,I, </)T G#&,TI!N $!7&, IN 7IN"H T/&N !N T/)T 1),I, ) "!$TIN)+ )N" N!N "!$TIN)+. 1&N&*IT, !* )$T "&*IN)TI!N !* )$T )N" </)T I, #,& !* T/& )$T. $),& +)< *! 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