Government Law College Thrissur National - Moot Court Particiaption Memo

ALL INDIA MOOT COURT COMPETITION, 2016
GOVERNMENT LAW COLLEGE, THRISSUR

KTAC. Vs STATE OF KARMASTHAN
IN THE HONBLE HIGH COURT OF KARMASTHAN
PETITITON NO/2016
(ARTICLE 226 OF THE CONSTITUTION)
KTAC ..PETITIONER
V.
STATE OF KARMASTHAN..RESPONDENT

1
MEMORIAL ON BEHALF OF PETITIONER

INDEX
1.
2.
3.
4.
5.
6.
7.
8.
9.
LIST OF ABBREVIATIONS
INDEX OF AUTHORITIES
STATEMENT OF FACTS
STATEMENT OF JURISDICTION
ISSUES RAISED
STATEMENT OF ISSUES
SUMMARY OF ARGUMENTS
ARGUMENTS ADVANCED
PRAYER
LIST OF ABBREVIATIONS
A.I.R---------------------------------------------------------------------------- ALL INDIA REPORTERS

All----------------------------------------------------------------------------------------------ALLAHABAD
All E.R----------------------------------------------------------------------ALL ENGLAND REPORTER
AP-------------------------------------------------------------------------------------ANDHRA PRADESH
Bom--------------------------------------------------------------------------------------------------BOMBAY
C.L.R. ----------------------------------------------------------COMMONWEALTH LAW REPORTER
Cal------------------------------------------------------------------------------------------------CALCUTTA
2

Co. -------------------------------------------------------------------------------------------------COMPANY
Comm. ------------------------------------------------------------------------------------COMMISSIONER
CWN ---------------------------------------------------------------------CALCUTTA WEEKLY NOTES
Del
-------------------------------------------------------------------------------------------------------DELHI
Edn. --------------------------------------------------------------------------------------------------EDITION
e.g. -----------------------------------------------------------EXEMPLUM GRATIA (FOR EXAMPLE)
K.B. ------------------------------------------------------------------------------------------KINGS BENCH
Lah ---------------------------------------------------------------------------------------------------LAHORE
LR -----------------------------------------------------------------------------------------LAW REPORTER
Mad
--------------------------------------------------------------------------------------------------MADRAS
MANU ----------------------------------------------------------------------------------------MANUPATRA
M.P. ----------------------------------------------------------------------------------MADHYA PRADESH
Pat ------------------------------------------------------------------------------------------------------PATNA
PC -----------------------------------------------------------------------------------------PRIVY COUNCIL
p. ----------------------------------------------------------------------------------------------------------PAGE
Para. --------------------------------------------------------------------------------------------PARAGRAPH
SC ---------------------------------------------------------------------------------------SUPREME COURT
SCC ---------------------------------------------------------------------------SUPREME COURT CASES
SCN -------------------------------------------------------------------------------SHOW CAUSE NOTICE
U.P. --------------------------------------------------------------------------------------UTTAR PRADESH
W.L.R. -------------------------------------------------------------------------WEEKLY LAW REPORTS
3

INDEX OF AUTHORITIES
List of Statutes:
I.
II.
III.
IV.
V.
The Constitution of India,1950

The Indecent Representation of Women (Prohibition) Act,
The Code of Criminal Procedure, 1973
The Indian Penal Code, 1861
The Kerala Dramatic Performances Act, 1961
List of Books Referred:
JAIN, M. P., INDIAN CONSTITUTIONAL LAW,( WADHWA AND COMPANY, 6
NAGPUR) (REP. 2012)

THAKKER, C.K., CODE OF CRIMINAL PROCEDURE,1973
RATANLAL AND DHIRAJLAL, INDIAN PENAL CODE
Dictionaries
AIYAR, RAMANATHA P.: THE LAW LEXICON, WADHWA & COMPANY, 2ND EDN.
NAGPUR(2002).
BLACK, HENRY CAMPBELL: BLACKS LAW DICTIONARY, 6 1991).
4

CURZON. L. B: DICTIONARY OF LAW, PITMAN PUBLISHING, 4TH EDN. NEW
DELHI (1994).
GARNER, BRYAN A.: A DICTIONARY OF MODERN LEGAL USAGE, OXFORD
UNIVERSITY PRESS
GREENBERG, DANIEL AND ALEXANDRA, MILLBROOK: STROUDS JUDICIAL
DICTIONARY OF WORD S & PHRASES, VOL. 2, 6 THEDN., CENTENNIAL ED. (1891-
ND EDN. OXFORD (1995). EDN.,

LONDON: SWEET & MAXWELL (2000).
INTERNET SITES
http://www.findlaw.com
http://www.indiankanoon.com
http://www.indlawinfo.org/
http://www.manupatra.com
STATEMENT OF FACTS
I.ADVERTISEMENT OF MISS INDIA 17 BY KTAC
Karmasthan is a State in the Indian Union of which Punayaswar is the capital . Karmasthan
Television Actor Association (KTAC) being a registered charitable society , published an
advertisement on 5-7 - 2016 in the leading cinema magazines about the Beauty Pageant named
as Miss India 17 for selecting Miss. India proposed to be held on 7 and 8th January 2017.
Mass Auditorium Punayaswar was selected as venue of the programme The entry is restricted to
5

ticket holders , judges and specially invited guests and the rates of tickets are Rs 1,00,000, Rs
50,000,Rs 25,000 and Rs 10,000. In advertisement the picture of seven girls wearing only G
string and semi- nude top is given
II. OBJECTION BY SOME ORGANISATION AND RELIGIOUS LEADERS
Some organisations and religious leaders submitted a memorandum to the Chief Minister of the
State requesting to ban the Miss India 17 pointing out that the advertisement itself revels that
1. The Miss India 17 is against the decency, public morality and dignity of women in general
and women of Indian society in particular and repugnant to Indian culture, traditions, and the
social values.
2. It intended to exploit women for commercialization by capitalists and the business world for
enriching themselves at the cost of indecent representation of women in all forms and by all
methods as they are transformed into marketable commodity.
3. It also intended to divert the youth and the spirit of the youth in the country from their real
problems of socio and economic survival and development by developed countries as against the
developing countries like India
4. This type of beauty contests are injurious to the body, the mind and the social existence of the
entire womanhood and the society at large.
5. This type of beauty contests are discriminatory in choosing women only by vested interests in
the society for personal gain and exploitation
6 . This type of beauty contests are the means to achieve the lecherous and lustful desire of the
erratic and sexual maniacs.
7.This type of the beauty contests in any form amounts to indecent representation of women
within the meaning of Section 2(c) of the Indecent Representation of Women (Prohibition) Act,
1986.
6

III. AMMENDEMENT OF SEC 2 AND 4 OF KARMASTHAN DRAMATIC

PERFORMANCE ACT 1962
On 1-8-2016 the Karmasthan Legislative Assembly enacted Karmasthan Dramatic Performances
( Amendment ) Act, 2016 for amending section 2 and 3 of Karmasthan Dramatic Performances
Act, 1962.The amendment came in to force on 8-8-2016.
The Amendment Act added the word beauty contest in Sections 2 and 4 of the 1962 Act. The
amended Sections are as follows:
Section 2 :Definitions - In this Act, unless the context otherwise requires
( 1) objectionable performance means any play, beauty contest , pantomime or other drama
which is likely to (i) incite any person to resort to violence or sabotage for
the purpose of overthrowing or undermining the Government established by law in India or in
any State thereof or its authority in any area; or (ii) incite any person to commit murder,
sabotage, arson or any offence involving violence; or (iii) seduce any member of any of the
armed forces of the Union or of the police forces from his allegiance or his duty, or prejudice the
recruiting of persons to serve in any such force or prejudice the discipline of any such force; or
(iv) incite any section of the citizens of India to acts of violence against any other section of the
citizens of India; or which (v) is deliberately intended to outrage the religious feelings of any
class of the citizens of India by insulting or blaspheming or profaning the religion or the religious
beliefs of that class; or (vi) is grossly indecent, or is scurrilous or obscene or intended for
blackmail.
Section 4 : Prohibition of Dramatic Performance(1) Whenever the State Government are satisfied that any play, beauty contest pantomime or
other drama performed or about to be performed in a public place is an objectionable
performance, they may, by order stating the grounds on which they consider the performance
objectionable, prohibit the performance.
(2) No order under sub-section (1) shall be passed without giving a reasonable opportunity to the
7

organizer or other principal persons responsible for the conduct of the performance or to the
owner or occupier of the public place in which such performance is intended to take place to
show cause why the performance should not be prohibited.
. (4) Any order made under sub-section (1) may also be notified by proclamation and a written or
printed notice thereof may be affixed at any place or places adapted for giving information of the
order to the persons intending to take part in the performance so prohibited.
IV NOTICE TO KTAC BY DISTRICT COLLECTOR
On 15- 8 -2016 the District Collector ,who is the Executive Magistrate, issued a notice to KTAC
under Section 4 to show cause why Miss India 17 should not be prohibited since it is an
objectionable performance under Section 2 (1) (vi) of Karmasthan Dramatic Performances Act,
1962.
After giving an opportunity of being heard the Executive Magistrate through the Order dated 99-2016 prohibited Miss India 17.
All though opportunity was being heard to KTAC, the show cause reply given by the petioner
KTAC was not properly considered and the executive magistrate prohibited Miss India 17 on
being misrepresented and against the provision of Constitution of India.
V. SEIZURE OF ITEMS BY THE DEPUTY COMMISIONER OF POLICE FROM THE
OFFICE OF KTAC
On 14-9-2016 Deputy Commissioner of Police raided the Office of KTAC and seized the
advertisements of Miss India 17 ,in exercise of his powers as the Authorised Officer of State
Government under Section 5 of the Indecent Representation of Women (Prohibition) Act, 1986.
2989 items consisting of posters and big hoarding boards containing the same picture included
the earlier advertisement have been seized by the Deputy Commissioner.
VI. PETITION FILLED BY THE PETITIONER
8

On 22-9-2016 KTAC filed a petition before the High Court of Karmasthan Challenging the
action of the Deputy Commissioner stating that beauty contest could not be treated as indecent,
scurrilous or obscene. It is contented that Karmasthan Dramatic Performances (Amendment )
Act, 2016 and the Indecent Representation of Women (Prohibition) Act, 1986 are in violation of
Art 14,19 and 21 of the Constitution.
STATEMENT OF JURISDICTION
9

The Honble High Court of Karmasthan has the authority to hear petition as submitted by KTAC
under Article 226 of the Constitution of India.
ISSUES RAISED
10

1. WHETHER MISS INDIA BEAUTY CONTEST FALLS UNDER THE MEANING OF

SEC- 2(C) OF INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT,
1986?
2. WHETHER SEC 2, 4 OF THE KARMATHAN DRAMATIC PERFORMANCES
(AMENDMENT) ACT, 1962 OVERRIDES ARTICLE 14,19,21 OF CONSTITUTION?
3. WHETHER THE ORDER DATED 19.9.16 BY EXECUTIVE MAGISTRATE TO
PROHIBIT MISS INDIA CONTEST FRIVOLOUS?
SUMMARY OF ARGUMENTS
11

1. WHETHER MISS INDIA BEAUTY CONTEST FALLS UNDER THE MEANING

OF
SEC-
2(C)
OF
INDECENT
REPRESENTATION
OF
WOMEN
(PROHIBITION) ACT, 1986?

No ,the beauty contest in no way indecent or derogatory or denigrating
women or likely to deprave, corrupt or injure the public morality
morals .Beauty means "a combination of qualities such as shape, colour etc.,
that pleases the aesthetic senses especially site, a combination of qualities
that pleases the intellect of moral sense. Beaauty is meant only for
exploration of beauty and there is no law or no logic to object it.

(AMENDMENT)
ACT,
1962
OVERRIDES
ARTICLE
14,19,21
OF
CONSTITUTION?
No, beauty contest is not only for women and but there are similar contest for
men also ,So it does not violate Article 14 of the Constitution. Under article
19(1) (a) every citizen has freedom of speech and expression and the
restriction imposed by the respondent authorities is unreasonable restriction
on the right guaranteed under Article 19
(1) (a) because the proposed beauty contest is neither indecent nor immoral
therefore no restriction under sub clause 2 (a) (1) can be imposed. Article 21
provides that no person shall be deprived of his life and personal liberty
except according to the procedure established by the law right to life includes
right to livelihood and right to live in human dignity and beauty contest like
Miss India is a source of earning and one of the means of livelihood with
dignity.
3. WHETHER THE ORDER DATED 19.9.16 BY EXECUTIVE MAGISTRATE TO

PROHIBIT MISS INDIA CONTEST FRIVOLOUS?
Yes, Miss India17 contest is only a form of art and entertainment intending to
select winner in a comparative manner. Beauty contest can never be
considered as indecent or obscene. Beauty contest are internationally and
nationally recognized. Therefore the order passed by the executive
magistrate imposing ban on the contest is misleading ,unconvincing and void
ARGUMENTS ADVANCED
12

ISSUE-I
1. WHETHER MISS INDIA BEAUTY CONTEST FALLS UNDER THE MEANING OF
SEC- 2(C) OF INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT,
1986?
1.1
Sec 2 (c) of Indecent Representation of Women (Prohibition) Act, 1986
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 or, denigrating women ,or is likely to deprave, corrupt or injure the
public morality or morals.
Thus the indecent representation of women must be the depiction of body of a women in such a
way as to have a effect of being indecent ,derogatory or denigrating or is likely to deprive the
corrupt or injure the public morality or morals.
There is no basis for the apphrension that in the proposed beauty contest, the women and dignity
of women will be harmed in any manner as already discussed earlier in issue 1 and 2. The
beauty contest will be held in tune with the legal discipline and the conformity to law.
1.2 Sec 3 of the Indecent Representation of Women(Prohibition) ,1986

It imposes prohibition of advertisement containing indecent representation of women but the
authority concerned before prohibiting the publication are bound to consider whether the
advertisement contained indecent representation of women.
Amitabh Bachan corporation limited vs Mahila Jagran Manch and Ors.1

The case arouse out of Miss world 1996 contest at Bangalore. There were certain section of the
society against such contest, the learned single judge of High court of Karnataka dismissed the
1 1997 (7) SCC 91
13

petition. There was an appeal before the Division bench against the judgement and order passed
by the single judge and the Division bench issued certain direction.
The order of the division bench was challenged and the supreme court held that
We have thought it proper to make this order as we are distressed that the Division Bench of the
High Court should have entertained the petition. It was necessary to realize that merely because a
section of the people were agitating against the holding of the Pageant, a world event, and had
resorted to violence, demonstration, etc., an international event could not be grounded or put
under severe restrictions. The High Court should have realized that the rights of the organizers
and other members of the society had to be protected if a law and order situation was created on
account of such agitation, demonstration, etc. If for dealing with the threat to law and order, the
State Government was required to use its Police force or Security forces, it was not proper on the
part of the High Court to interfere and give directions in regard to the type of force to be used
because it is very difficult in such situations to visualize what shape the demonstration and
agitation may take and the type of law and order situation which may have to be dealt with. To
restrain the State from using the BSF or the Armed Forces, if necessary, would in certain
situation create very serious problem as the State would not be able to deal with it in case it turns
ugly. This is not an area where the Court should exercise its jurisdiction and issue directions
because it is difficult to anticipate how the situation will develop in course of time. This is a
function which must be left to the executive as the judiciary is not equipped to deal with it.
There can be two views on the question whether such a show is desirable or not. Some may
consider it to be indecent, others may not. Unless any law is violated, the Court ought not to
interfere in such matters. These are not matters which can be judicially assessed and the pressure
which the agitators bring to bear ought motto sway the Court into exercising jurisdiction. In the
facts and circumstances of this case, we are of the opinion that the Court would have well
advised not to interfere in the matter and leave it to the authorities to sort it out.
1.3 Chandra Raja kumari vs Commisioner of Police 2
it was observed that Beauty means "a combination of qualities such as shape, colour etc., that
pleases the aesthetic senses especially site, a combination of qualities that pleases the intellect of
moral sense (the beauty of the argument), an excellent specimen, an attractive feature, an
advantage a beautiful woman" (P.96 L.C. of the Concise Oxford Dictionary New Edition) and
2 1998 (1) ALD Cri 298 ,1998 (1) ALT 329
14

"combination of qualities that give pleasure to the senses (especially eye, ear or to the mind)'',
(P.92 RC. Oxford Advanced Learners Dictionary Fourth Edition, 1994), "quality that is pleasing
to the eye" (P.32, RC. Webster's Dictionary-New Revised and expanded Edition), and "the
qualities in a person or thing that give pleasure to the senses or pleasurably exhaled the mind or
spirit, loveliness, a beautiful person or thing, especially a beautiful woman, excellent quality
(P.42, L.C., the Penguin English Dictionary Reprint 1992).It was held that , if the beauty contest
is meant only for exploration of such beauty in beauty possibly no law or no logic can object it.
If beauty is objected by any law in that sense the presumption is in favour of antonym ugly
which is beyond the conception of the beauty of the beautiful human race called human beings.
With all close scrutiny of the existence of law as a fact, there appears to be no law on this earth
which prohibits beauty or human beings of either sex to be beautiful in any manner.
1.4 G String and Semi Nude Top does not attract sec 2(C).
Right from the inception right from 1940 ,in beauty contest like Miss India ,the contestant have
been wearing G Strings and semi nude tops. Only for the dress code, no beauty contest has been
declared as indecent, scurrilous or obscene. There is no allegation that any beauty contest caused
injury to body, mind and social existence of entire women hood and society at large.
State vs Ram Singh and Ors. ,State through reference

(NIRBHAYA CASE).3
vs Ram Singh and Ors.
The victim women in this case was wearing dress covering her whole body and sweater on her
shirt and yet she was ganged raped by the bus conductor and drivers etc. .In most rape cases the
incident of rape occurs because of immoral and unethical character of the accused and not
because of the dress code of the victim.
Beauty Contest is a competition in which young ladies or boys participate .There are various
rounds for eliminating like swim suit round, evening round, gown round, personality test round
and finally question round. After all these round, the women is the one who is not only beautiful
3 13 March 2013
15

but among all most intelligent.

Similarly in case of swimming competition, women who are participating ,wear the swimming
suit and they swim in front of public are not considered to be indecent. Swimming costume does
not degrade womanhood? Then how the same kind of dress in beauty contest degrade
womanhood?
Beauty contest is no way altering womanhood in modern era. For example Aishwariya Rai
Bachan, She had own Miss World contest in 1994, she was also awarded by Miss photogenic by
Miss World organization. After that for 1 year she tuned all around the world for welfare
programs organized by the organization, what she gave back to India is no shame from the world
but name and fame that Indian women are also among the most beautiful .In no way she had
degraded the image of Indian women.
ISSUE II
16


(AMENDMENT)
ACT,
1962
OVERRIDES
ARTICLE
14,19,21
OF
CONSTITUTION?
2.1 ARTICLE 14 ,19 AND 21 OF THE CONSTITUTION OF INDIA
Article 14 speaks about equality before law and equal protect of law to the citizen within the
territory of India.
The concept of freedom of speech and expression and to practice any profession or to carryon
any occupation etc are enshrined under article 19 of the constitution.
Article 21 provides that no person shall be deprived of his life and personal liberty except
according to the procedure established by law.
2.2 WHAT IS BEAUTY CONTEST?
According to English Oxford Living Dictionaries,Beauty contest means A contest in which the
winner is the woman judged the most beautiful.
2.2.1 Chandra Rajkumari and Anr. vs Commissioner of police
In this case Beauty contest was defined as one which the judges decide the winner as the most
beautiful woman in the context within the meaning of beauty having combination of qualities
such as shape,colour that pleases the intellect or moral sense.
2.3 BEAUTY CONTEST DOES NOT OVERRIDES ARTICLE 14,19,21 OF THE
CONSTITUTION.
2.3.1BEAUTY CONTEST DOES NOT OVER RIDES ARTICLE 14.
CHANDRA RAJAKUMARI AND ANRS VS COMMISIONER OF POLICE4
It is contended that holding of beauty contest only for women and not for men is discriminatory
under article 14 of the constitution. There is no substance in this contention. It can be judicially
noticed that such contest are being held for men also, the latest being Mr. India or Mr. world ,Mr.
handsome contest published in Kannada Prabha newspaper recently dated 22-10-97 the
contention lacks the lustre as there is no grievances by the male section in society and they may
raise it in some context which will appropriately dealt with. Thus it does not over rides article 14
4 supra
17

of the constitution.
2.3.2BEAUTY CONTEST DOEST NOT OVER RIDE ARTICLE 19 OF THE
CONSTITUTION.
Article 19 provides for Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practice any profession, or to carry on any occupation, trade or business
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or
prevent the State from making any law, in so far as such law imposes reasonable restrictions on
the exercise of the right conferred by the said sub clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence
(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the
right conferred by the said sub clause
(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so
sovereignty and integrity of India or public order or morality, reasonable restrictions on the
exercise of the right conferred by the said sub clause
(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, reasonable
restrictions on the exercise of any of the rights conferred by the said sub clauses either in the
interests of the general public or for the protection of the interests of any Scheduled Tribe
(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so
18

general public, reasonable restrictions on the exercise of the right conferred by the said sub
clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing
law in so far as it relates to, or prevent the State from making any law relating to,
(i) the professional or technical qualifications necessary for practising any profession or carrying
on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any
trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or
otherwise
As mentioned in article 19(2) (1) (a) states that the state can make law realting to impose
reasonable restriction in the interests of the sovereignty and integrity of India, the security of the
State, friendly relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence but as we have already discussed that
in Chadra raj kumari case 5 that beauty contest is one in which the judges decide the winner
the most beautiful woman in the context within the meaning of beauty having combination of
qualities such as shape ,colour, that pleases the aesthetic sense and pleasing to the eye , a
combination of qualities that pleases the intellect or moral sense and also beauty is part of the
whole universal expression as understood by one and all. That beauty is the sense or the essence
of human comprehension and pleasure is beyond doubt. It is the joy for ever in the acclaimed
poetic declaration in literature. That beauty is the best dimension of nature or divine is also a
concluded theological postulation The Indian or even Sanatana or ancient Dharmic or religious
thinking also mounts beauty into one of the three forms of God viz., (Sathyam (truth), Shivam
(good) and Sundaram (beauty). Thus how can one say that beauty contest specially the contest
like Miss India would be against morality and decency and overrides article 19 (2)? And it is not
being grossly indecent also as discussed earlier.
AJAY GOSWAMI VS UNION OF INDIA AND Ors.6

It was argued that Article 19(1) (a) guarantees every citizen the right to freedom of speech and
expression and a leading news paper has a right to express its views and various news of national
and international relevance in its addition and any kind of unreasonable restriction on this right
will amount to the violation of the right guaranteed by the Indian Constitution. The court referred
5 supra
6 12 DECEMBER 2006.
19

the case of Director General of Doordarshan and others vs Anand Patwardhan where in it was
observed that the basic test of obscenity would be(a) Whether the average person applying contemporary community standard would find that the
work,taken as a whole appeal to the prurient interest.
(b) Whether the work depicts or describes, in a patently offensive way ,sexual conduct
specifically ,defined by the applicable state law,
(c)Whether the work taken as a whole ,lacks serious literary ,artistic,political or scientific view.
Chandra kant kalyan Das kakodkar vs State of Maharshtra and Ors7

The apex court observed that The concept of obscenity would differ from country to country
depending on the standards of morals 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. But to insist that the standard
should always be for the writer to see that the adolescent ought not to be brought in to contact
with sex or that if they read any references to sex in what is written whether that is the dominant
theme or not they would be affected, would be to require authors to write books only for the
adolescent and not for the adults.
Thus the restriction imposed by the respondent authorities is unreasonable restriction on the right
guaranteed under Article 19 (1) (a) of the constitution and is in violation of the right guaranteed
by Indian Constitution.
2.3.3 BEAUTY CONTEST DOES NOT OVERIDES ARTICLE 21.

Article 21 INCLUDES RIGHT TO LIVELIHOOD
Beauty contest is a great source of earning and means of livelihood. In India also numerous of
examples are there who through the path of beauty contest have achieved desired position and
became a top most paid model in the country. For e.g. Aishwariya Rai Bachan , She had own
Miss World contest in 1994, she was also awarded by Miss photogenic by Miss World
organization. Now she is amongst the highest paid actress in Hindi cinema and almost beautiful
and prettiest woman in the world. The total net worth salary of her is $ 35 million and she has
brought name and fame to India. So beauty contest is giving as means or source of livelihood to
7 1962)(2) SCC 687
20

models .Thus beauty contest does not over rides article 21.
CHANDRA RAJAKUMARI AND ANRS VS COMMISIONER OF POLICE8
It has been held that the right to life incudes right to live with human dignity and decency and
therefore, holding of beauty contest is repugnant to dignity and decency of women and offend
Article 21 of the constitution only if the same is grossly indecent, scurrilous, obscene or intended
for blackmail. The government is empowred to prohibit the contest as objectionable performance
under section 3 of Andra Pradesh Objectionable performance Act,1956.
Here in this case the word grossly indecent,scurrilous,obscene or intended to blackmail should to
taken as utmost attention as in the case of KTAC,KTAC is a registered charitable society and
published an advertisement in the leading cinema magazines about the beauty pageant named as
Miss India 17 for selecting Miss india. It is pertinent to be noted that Miss India is a national
beauty pageant that annually selects representatives to compete Miss world. It is not a local or
any B- grade film show. It has been nationally and internationally recognized and being
approved by the government. So such a beauty contest how can be regarded as indecent
,scurrilous and obscene or intended to blackmail. Thus it does not violate article 21 of the
constitution.
8 supra
21

ISSUE III
WHETHER THE ORDER DATED 19/9/16 BY THE EXECUTIVE MAGISTRATE TO
PROHIBIT MISS INDIA 16 IS MISLEADING AND UNCONVINCING AND VOID ?
The memorandum submitted to the Chief Minister of the State by the respondent organization to
Ban Miss India 17 does not disclose any ingredients under Section 2 of the Karmasthan Dramatic
Performance Act,2016.
3.1 Meaning of the term decency, obscene, indecency
Sec 2 of the act does not describe what is indecent or scurrilous or obscene?
As per Black's law dictionary Decency means the State of being proper as in speech or dress;
the quality of being seemly and indecency means ,the state of condition of being outrageously
offensive i.e. In a vulgar or sexual way and the term obscene means extremely offensive under
contemporary community standards of morality and decency grossly repugnant to the general
accepted of what is appropriate.
Ajay goswami vs union of India and Ors9
,The Apex court revisited the case of Chandrakant Kalyan Das kakodkar Vs state of Maharashtra
and Ors (1962 (2) SCC 687) and observed that ,"The concept of obscenity would differ from
country to country depending on the standards of morals 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. But
to insist that the standard should always be for the writer to see that the adolescent ought not to
be brought into contact with sex or that if they read any references to sex in what is written
whether that is the dominant theme or not they would be affected, would be to require authors to
write books only for the adolescent and not for the adults"
Samaresh Bose and another vs Amal Mitra and Anr10
It was observed that the decision of the Court must necessarily be on an objective assessment of
the book or story or article as a whole and with particular reference to the passage complained of
9 12 December 2006
10 (1985 ) 4 SCC 289.

22

in the book, story or article. The Court must take an overall view of the matter complained of as
obscene in the setting of the whole work, but the matter charged as obscene must also be
considered by itself and separately to find out whether it is so gross and its obscenity so
pronounced that it is likely to deprave and corrupt those whose minds are open to influence of
this sort and into whose hands the book is likely to fall
In the case of Ajay Goswami vs Union of India Learned counsel also referred to American
jurisprudence and stated that even nudity per se is not obscenity. In 50 Am Jur 2 d,para 22 at
page 23 ," Articles and pictures in a newspaper must meet the Miller's test constitutional
standards of obscenity in order for the publisher or distributor to be prosecuted for
obsecnity.Nudity alone is not enough to make a material legally obscene.
Ranjit D Udeshi v State of Maharashtra AIR 1965 SC

It was observed that When there is propagation of ideas, opinions and information of public
interest or profit, the approach to the problem may become different because then the interest of
society may tilt the scales in favour of free speech and expression. It is thus that books on
medical science with intimate illustrations and photographs, though in a sense immodest, are not
considered to be obscene but the same illustrations and photographs collected in book form
without the medical text would certainly be considered to be obscene.
3.2 History of Miss india contest 11
A history of the various Miss India contests
Miss Universe, Miss World, Miss Asia-Pacific, Miss Earth
Miss India has been participating in the Miss Universe and Miss World Pageant since 1952 and
1959 respectively. Indrani Rehman was the first one to represent it in Miss universe and Fleur
Ezekiel in Miss World. India has a great record at Miss Universe. India participated in the year
1952 with the stunning Indirani Rehman after a gap of 12 years India again started to send its
delegates to Miss Universe, India didn't participate in between
The 1940s to the early 1960s
The Miss India title was bestowed by the Indian Press in 1940s and 1950s, through a small and
conservative contest. In 1959, 1960, 1961 and 1962, Miss India was selected by Eve's Weekly, a
Bombay-based women's magazine.
However, in 1964, the Femina Miss India competition was organized as a small, closed-off
11 (indpadia.com)
23

event. From that year, Femina gained the local license to the international Miss Universe
competition. Towards the end of the 1960s, it picked up licenses to both Miss World and the Miss
Asia-Pacific Quest. In the early 1990's, it finally picked up the license for Miss International.
Femina Miss India is an annual, national beauty pageant held in India and organized by Femina,
a women's magazine published by Bennett, Coleman & Co. Ltd, a media group that also houses
the Times of India and Filmfare magazine.
For many years, there were two parallel contests. Femina's Miss India would represent India at
Miss Universe. Eve's Weekly's winner would go to Miss World.The Femina Miss India
competition began in 1964 as a closed off event. Femina gained a local license to international
Miss Universe competitions. Towards the end of the 60s, it won licenses to both Miss World and
the Miss Asia Pacific Quest. In the early 90's, it picked up licenses for Miss International.
Femina Miss India has been held annually, except for 1989.Miss India is a title given to the
winner(s) of the Miss India beauty pageant held each year.
In 1947 and 1952, the winners were chosen by some Indian (mainly Bombay-based) magazines
and newspapers.. In the 40s and 50s, a contest was held by the press where a title was bestowed.
From 1959, for several years, Eve's Weekly, held a Miss India contest. Star TV, one of India's
largest channels, has held a TV based Miss India contest.
Before 1964, the only Miss India was selected by Eve's Weekly in 1959, 1960, 1961 and 1962
(for Miss World). Starting from 1964, the pageant was also held by Femina magazine for Miss
Universe. For many years there were two parallel contests.Over time, Eve's Weekly, the
magazine, ceased to be published--and also stopped holding the contest. As far back as in 1967
Eve's Weekly did not hold the contest, which is surprising because the previous year the
magazine's delegate to Miss World had created history not only for India but for all of Asia by
winning the crown. This should have given Eve's Weekly a huge boost. Instead, we find that
1968 to 1975 the winner of a shortlived title called Bharat Sundari (Indian beauty) represented
India at Miss World. On the other hand the Femina Miss India pageant got firmly established,
and took over both contests. The practice began to send the winner to the Miss Universe pageant
and the runner-up to the Miss World contest.While a 2nd runner up or an independent pageant
winner was sent to other international pageants like Miss Asia, Miss International and Miss Asia
Pacific. Starting from 95, the practice of choosing one Miss India was changed to elect
representatives to different international pageants, and 3 winners, receiving equal status,
designated as Miss India Universe, Miss India World and Miss India Asia Pacific. As of 2002,
the 3rd winner would not be sent to Miss Asia Pacific, but to a Miss Earth pageant
1966 and 1994: India's first international crowns
Reita Faria is the first Miss India to be crowned Miss World in 1966. This was the first major
international beauty crown won by an Indian.
24

Though Fleur Ezekiel was the first women to represent India in the Miss World Contest,
however, popularity of this event gained ground in post 1994, when the European developed
nations were left behind as India won Miss World and Miss Universe titles. After Aishwarya Rai,
Diana Hayden won the title in 1997, Yukta Mookhey in 1999 and Priyanka Chopra in
2000. Sushmita Sen was the first Indian to win the Miss Universe crown. Nicole Faria became
the first Indian to win the Miss Earth title.In 1994, Miss India Universe Sushmita Sen won the
Miss Universe title and Aishwarya Rai Miss India runner-up won the Miss World title. And in
2000, all the Miss India winners happened to win their respective international pageants - Lara
Dutta (Miss Universe), Priyanka Chopra (Miss World) and Diya Mirza (Miss Asia-Pacific).After
the historic win of Sushmita Sen and Aishwarya Rai at the International pageants, coaching
institutes were set up to groom young womens to become Miss Indias.In 1994, India recorded
historic wins at International pageants. So Femina decided that all top three winners would be
designated as winners with equal visibility and prizes instead of crowning a single
winner. Therefore, from 1995, the practice of choosing a single winner as "Miss India," and
calling the next two winners 'Runners Up' was changed. three winners who receive equal prizes,
were chosen, and were called Miss India Winners. They were designated as Miss India Universe,
Miss India World and Miss India Asia-Pacific and were sent to respective pageants. From 2002,
the third winner is sent to the newly formed Miss Earth pageant.Femina, the women's magazine
of the Times of India group, used to send delegates to Miss Universe till 2009. later Miss
Universe 1994 Sushmita Sen's production house Tantra entertainment pvt limited/ 'I am she'
acquired the right to choose the delegate . From 2010, Femina Miss India started sending
crowned winners to Miss International and stopped sending representatives to Miss Universe
pageant entirely.
Beauty contest are never considered as indecent or obscene. The deputy commissioner who vide
the impugned order has put ban on the propsed miss India 17 contest, has curtailed the freedom
of expression as is guaranteed by our constitution. Any steps by the respondent authorities to ban
the contest would fetter the independence of expression which is hallmarks of our democratic
setup. The order passed by the Deputy commisioner is liable to be set aside and quashed as the
respondent have failed to established the need and requirement to curtail the freedom of speech
and expression. The petitioner is conscious about the responsibility towards the society but the
ban imposed by the impugned order is inappropriate and the proposed beauty contest is well
within the acceptable level of decency.
Ajay goswami vs Union of India and Ors12

12 (supra)
25

It was heldwe observe that, as decided by the American Supreme Court in United States v. Playboy
Entertainment Group, Inc, 146 L ed 2d 865, that, "in order for the State to justify prohibition of a
particular expression of opinion, it must be able to show that its action was caused by something
more than a mere desire to avoid the discomfort and unpleasantness that always accompany an
unpopular viewpoint." Therefore, in our view, in the present matter, the petitioner has failed to
establish his case clearly. The petitioner only states that the pictures and the news items that are
published by the respondents 3 and 4 'leave much for the thoughts of minors'. Therefore, we
believe that fertile imagination of anybody especially of minors should not be a matter that
should be agitated in the court of law. In addition we also hold that news is not limited to Times
of India and Hindustan Times. Any hypersensitive person can subscribe to many other
Newspaper of their choice, which might not be against the standards of morality of the concerned
person.
3.3 Beaurty contest in its true sense discussed:

Chandra Rajkumari and Anr vs Commissioner of police 13
The facts of the case of Chandra Rajkumari is similar to our case and the concept of beauty was
considered and it was held as under
The" adjective of it is attributory as a beauty competition/contest, that is, one in which Judges
decide on the most beautiful competitor . A beauty charmer in French is called Charmeuse to
mean beauty queen, beauty contest winner, Miss. America, bathing beauty, glamour girl, cover
girl, model, sex goddess, enchantress etc. .So, a beauty contest should be defined as one in which
the Judges decide the winner as the most beautiful woman in the context within the meaning of
beauty having combination of qualities such as shape, colour that pleases the aesthetic sense,
pleasing to the eye, a combination of qualities that pleases the intellect or moral sense. Strikingly
no law can venture to define the beauty contest to suit all occasions. A beauty queen or a winner
in a beauty contest cannot be better than a winner in any other contest in a particular situation,
among the participants and judged by certain individuals to choose the winner in that contest and
13 1998(1) ALD Cri 298,1998(1) ALT 329
26

not as a person called beautiful among all the human

beings for all the time. It may depend upon the facts and circumstances of each case of contest.
For instance, it may depend upon the manner and the method in which the contest is held, the
quality and the quantity of the participants and the faculty or the expertise of the persons to select
called Judges, The relevance of these expressions are only for contemplating the purpose behind
such a contest as either a sport, entertainment or fun to create opportunities for women or the
men as the case may be to develop sportsmanship, to shed inhibition and develop good
relationship in the social set up. If that is the true intent of such beauty contests, none much less
any law can think of prohibiting it. In the aforesaid cited case ,it was also observed that the
beauty contest in any form in its true sense of the term can be neither obscene nor prohibited
under any law as long as it is intended for the welfare of women in all respect and it is intended
only as a form of advertisement and entertainment and in a way of sport to select the winner in
comparative merit.
In the instant case Miss India 17 contest is only a form of art and entertainment intending to
select the winner on comparative manner. Therefore the order passed by the executive
magistrate imposing ban on the contest is void misleading and thus liable to set-aside and
quashed
PRAYER
In light of the issues raised, argument advanced ,cases cited in front of Honble
High Court , the petitioner most humbly prays that the Court may :
27

1.The Order dated 9/9/2016 issued by Executive Magistrate prohibiting Miss India 17 is
erroneous and illegal and be be quashed and set aside.
2.The writ of the office of KTAC and seizure of advertisements of Miss India 17 by the Deputy
Commisioner of Police was improper and the seized items should be restored in favour of the
petitioner.
3. The prohibition of Miss India 17 are in violation of Article 14, 19 and 21 of the Constitution
and therefore the Court should direct the respondent to allow the petitioner to hold beauty contest
Miss India 17 on the proposed date and venue.
And may grant any other reliefs as Honble Court may deem fit in light of Justice, Equity and
Good Conscience.
For which the Counsels on behalf of the Petitioner will be forever duty-bound and obliged.
28

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ALL INDIA MOOT COURT COMPETITION, 2016