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Rajasthan High Court · body

2004 DIGILAW 1775 (RAJ)

The Institute of Human Rights v. Municipal Corporation, Jodhpur

2004-12-11

N.N.MATHUR, R.P.VYAS

body2004
Judgment N.N. Mathur, J.-By way of instant petition, the petitioner a Society registered under the Societies Registration Act in the name of The Institute of Human Rights, Environment & Development Studies has invited attention of this Court towards the distress trend of display of obscene and vulgar hoardings, film posters and advertisements in news papers and magazines, TV, cable channels etc., a very large upsurge wherein the body of women is shown in such vulgar, distasteful and distracting manner that it is repulsive of human dignity and fair and equal treatment of the women. It is submitted that the existing law does not cover the regulations for display of film posters, hoardings and other advertisements on public streets, road corners, out side cinema halls etc. It is also averred that while there are provisions for certification of films in Adult or Universal category and the adult movies are not allowed yet the most vulgar and filthy parts of such movies in the form of film posters are allowed to be displayed in full public view on road sides, street corners and outside cinema halls. It is emphasized that such display in publication deserves to be checked, prohibited and punished as they have an adverse effect on the moral fabric of the society. The petitioner seeks direction against the respondents to take steps for removal of absence and vulgar film posters, advertisement hoardings and other public displays. 2. In a counter filed on behalf of the State Government it is stated that where-ever any obscene, vulgar hoardings, film posters are found at the public places the appropriate action is initiated under the relevant provisions of law. It is also averred that the films having obscene scene are scrutinized through the Censor Board and given ‘A’ Certificate. Thus, after scrutinizing, if the films are found to be fit for ‘U’ Certificate then it is for the concerned authority, Censor Board to check and issue ‘A’ Certificate with respect to the same films. The details have been given as to the cases registered for such offences. 3. A counter has also been filed on behalf of Union of India. It has been brought to the notice of this Court that identical issue is pending before the Apex Court, wherein directions have been given from time to time. The details have been given as to the cases registered for such offences. 3. A counter has also been filed on behalf of Union of India. It has been brought to the notice of this Court that identical issue is pending before the Apex Court, wherein directions have been given from time to time. In compliance of the orders of the Apex Court a bill in the name of Broadcasting Content Regulatory Authority Bill is under preparation. 4. In view of the fact that identical issue is pending before the Apex Court, no direction is required to be issued by this Court. 5. Accordingly, the petition stands disposed of .