A Parliamentary panel has recommended the setting up of a central regulatory authority to monitor indecent representation of women.
In its 258th report on Indecent Representation of Women (Prohibition) Amendment Bill, 2012, the Department Related Parliamentary Committee of the Human Resource Development Ministry has said a central regulatory authority under the amended bill would help in better enforcement of the legislation. The creation of such an authority as envisaged by the National Commission for Women would be quite appropriate in effectively tackling such cases. The committee pointed out that having a central authority would also allay the apprehensions expressed by stakeholders regarding subjective interpretations of ‘indecent representation’ by police officers leading to unnecessary harassment.
The committee, therefore, felt that the Ministry of Women and Child Development should contemplate the very valid proposition made by the nodal body for the welfare of women and include the mechanism of having a central authority in the bill itself.
The committee was of the view that society in general and women in particular needed to be made aware of the rampant indecent representation of women.
The Bill seeks to broaden the scope of the law to cover the audio-visual media and content in electronic form prescribing stringent penalties which would act as deterrent to violation of the law.
While examining Clause 4 regarding ‘prohibition of indecent representation of women,’ one issue persistently raised by a large number of stakeholders was non-inclusion of films and TV serials within the ambit of the Act. It was strongly advocated before the committee that there was an urgency to review, evaluate and regulate the content of the serials and shows on television due to its reach and penetration in Indian homes. Likewise, films needed to be fully covered under the Act.
On this issue being taken up with the Central Board of Film Certification, it was clarified that the Cinematograph Act, keeping in view its regulatory role, could not be brought under the present Bill.
However, it was admitted that there was no ambiguity in bringing the film makers, directors and trade bodies under the Indecent Representation of Women (Prohibition) Act. The committee accordingly, recommended that these issues be taken up by the Ministry in right earnest.
The committee also took note of the fact that the penalty proposed in the Bill and the IT Act being different were likely to create confusion. It, accordingly, recommended that the penalties in both legislations should be similar to avoid any legal and practical difficulties.
