A Comparative Analysis of Laws in India and USA with special reference to Indecent Representation of Women in Mass Media Laws

Abstract

The term obscene, indecent or vulgar are difficult to define as they are intricately linked to the moral values in society. When there is examination of any matter that it is obscene or not, it depends only in whose hand that matter is placed and his mind is open for any such immoral act. If it does, the matter falls within the purview of obscenity. As there is no specific meaning to the term obscenity, as it keep on changing with the changing society. newline The Provisions relating to Obscenity have been included in Sections 292 to 294 of the Indian Penal Code, 1860. They deal with sale, hire, distribution, public exhibition circulation, import, export or advertisement, etc. of any matter which is obscene. Sections 292 and 293, Indian Penal Code, 1860 were amended in 1969 to make the existing laws more definite in explaining the term obscenity. In order to make the law relating to publication of obscene matter deterrent, the section provided enhanced punishment. newlineIn India the issue of obscene matter was highlighted in the landmark judgment of Ranjit D. Udeshi v. State of Maharashtra, here apex court observed that the matter is obscene or not is overlooked by whole society. Whether it is violating any norms of Constitution of India or not, the obscene matter should not violate any law of the State. Similarly in the case of Chandra Kant KalayandasKakodkar , supreme court held that when there is question of obscenity, one has to see that it effects the whole society not only to the person in whose hand that matter comes. newline In Samaresh Bose v. AmalMitra, the Supreme Court passed an guidelines: In our opinion, while judging on any matter that it is obscene or not, the judge himself first place his mind in the position of the author and from the points of author the judge should try to understand what is it that the author seeks to convey and what the author conveys has any literary and artistic value in that book. The judge should thereafter apply his judicial mind dispassionately to decide whether the book in quest