Kerala HC Refuses To Declare ‘Breastfeeding Woman On Magazine’s Cover’ As Obscene
In what has come as a relief for Malayalam magazine Grihalakshmi, the Kerala High Court has recently refused to categorise its cover of a woman breastfeeding a baby as obscene.
The court noted that “shocking one’s morals” is an “elusive concept”, and that “one man’s vulgarity is another man’s lyric”.
Legal affairs site Livelaw.in reports that the first bench comprising then Chief Justice Antony Dominic and Justice Dama Seshadri Naidu observed, “We do not see, despite our best efforts, obscenity in the picture, nor do we find anything objectionable in the caption, for men. We looked at the picture with the same eyes we look at the paintings of artists like Raja Ravi Varma. As the beauty lie in the beholder’s eye, so does obscenity perhaps.”
They also observed that even the sections charged by the petitioner Felix, fail to convince them that the magazine committed any offence that affected the “society’s moral fabric”.
Dismissing the petition, the High Court ruled, “Going by the contemporary community standards and without troubling ourselves with patent offensiveness—we may observe that, given the picture’s particular posture and its background setting (mother feeding the baby), as depicted in the magazine, it is not prurient or obscene; nor even suggestive of it. We, therefore, dismiss the writ petition.”
According to reports by the Livelaw.in, the petitioner, Felix MA had contended that the magazine cover violated provisions of the Protection of Children from Sexual Offences Act and Rules, as well as Section 45 of the Juvenile Justice Act. He had also alleged violation of provisions of the Indecent Representation of Women (prohibition) Act, 1986 and Article 39(e) and (f) of the constitution of India.
The March 2018 issue of Grihalakshmi magazine cover carried an image of a woman breastfeeding a baby for a campaign for open breastfeeding.
This sparked an outrage leading to a case being filed at the Court of Judicial Magistrate in Kollam by advocate Vinod Mathew against the publishers and the model Gilu Joseph, who was on the cover.
Another advocate, Jiyas Jamal from Aluva, lodged a complaint with the State Child Rights Commission against Gilu, the publishers of Grihalakshmi and the parents of the baby who was featured.
“The March 2018 issue of Mathrubhumi Grihalakshmi, in its cover, uses a newborn baby to create a picture of a breastfeeding mother. An unmarried Jilu Joseph, who is an advertisement model, has posed as the mother who is breastfeeding the baby in the cover photo of the magazine. The model’s breast which is bereft of milk is stuffed into the child’s mouth and this is how the photo is captured. In this manner, the baby’s health and rights have been exploited. Using the child for commercial purposes is indeed a grave issue. Such incidents which attempt to commercialise motherhood and breastfeeding put the rights of newborn babies in danger. The cover, which tricked the baby into thinking that it the model is its mother and that it will get milk is an embarrassment to our society as a whole,” the complaint read.
courtesy : thenewsminute.com
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Jharkhand horror: Man kills live-in partner, chops body into 40 pieces
Ranchi (PTI): A 25-year-old man, who works as a butcher, allegedly strangled to death his live-in partner and chopped her body into 40 to 50 pieces in a forested area in Jharkhand’s Khunti district, police said on Wednesday.
The accused, identified as Naresh Bhengra, was arrested.
The matter came to light after around a fortnight after the killing when a stray dog was found with human body parts near Jordag village in Jariagarh police station on November 24.
Bhengra was in a live-in relationship with the deceased, a 24-year-old woman also from Khunti district, in Tamil Nadu for the past couple of years. Sometime back, he returned to Jharkhand, got married to another woman without telling his partner anything and went back to the southern state without his wife to join her.
"The brutal incident occurred on November 8 when they reached Khunti as the accused who had married another woman did not wish to take her home. Instead, he took her to a forest near his house at Jordag village in Jariagarh police station and chopped the body into pieces. The man has been arrested," Khunti Superintendent of Police Aman Kumar told PTI.
Inspector Ashok Singh who investigated the case said the man worked in a butcher shop in Tamil Nadu and was expert in slicing chicken.
“He admitted chopping the body parts of the woman into 40 to 50 pieces before leaving those in the forest for wild animals to feast on. The police recovered several parts on November 24 after a dog in the area was seen with a hand," Singh told PTI.
Singh said that the woman, who was unaware of his marriage, pressured him to return to Khunti. After reaching Ranchi, they boarded a train on November 24 and headed to the man's village.
"Under a plan, the man took her to Khunti in an autorickshaw near his home and asked her to wait. He returned with sharp weapons and strangulated her with her dupatta after raping her. He then cut the body into 40 to 50 pieces and left for his home to live with his wife," Singh said.
The woman, however, had informed her mother that she had boarded a train and would be living with her partner, the police officer said.
Following the recovery of body parts, a bag was also found in the forest with the murdered woman's belongings including her Aadhaar card. The mother of the woman was called at the spot and she identified her daughter's belongings.
"The mother suspected the man behind the crime who after being nabbed by the police admitted to chopping the woman into pieces," the official added.
The incident has sent shockwaves among people in the region, with the Shraddha Walker murder case of 2022 still fresh in their memory.
Walker was killed by her live-in partner who chopped her body into pieces before dumping them in the jungle in South Delhi’s Mehrauli.
