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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No stubble burning now, why air pollution crisis in Delhi: Mann takes dig at BJP
Chandigarh (PTI): Chief Minister Bhagwant Mann on Monday slammed the BJP saying its leaders used to "defame" Punjab farmers over stubble burning and blame them for Delhi's poor air quality and questioned why is there pollution crisis in national capital despite no farm fires now.
Mann said that as soon as paddy harvest takes place, BJP leaders blame Punjab and its farmers for Delhi's poor air quality.
He said they used to claim that stubble burning by Punjab farmers causes Delhi's pollution.
Mann said at present, the Air Quality Index in major Punjab cities is between 70 and 130.
"At present, Delhi's AQI is between 450 and 500 and no smoke is coming from Punjab. But the situation in Delhi is worse. At least now they should agree that there is no role of Punjab for Delhi's poor air quality," Mann said in a video message.
Mann's remarks came on a day Delhi Environment Minister Manjinder Singh Sirsa apologised for the air pollution crisis in the national capital and acknowledged its impact on children's health.
Sirsa, however, asserted that it was the result of the policies pursued by the previous Aam Aadmi Party (AAP) government in Delhi.
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Last month, the BJP had trashed the Punjab CM's previous claim that stubble burning in the state has no role in the high levels of air pollution in Delhi as "ridiculous".
Dismissing Mann's claim, Delhi BJP president Virendra Sachdeva had last month said it is certain that stubble burning is a "major" factor (for the air pollution in Delhi).
Meanwhile, Mann in his video message said, due to severe floods which Punjab witnessed this year, paddy harvesting got delayed, "despite this, many Delhi ministers had already started blaming Punjab".
"I want to praise Punjab farmers, NGOs and efforts of the Punjab government have also paid off in controlling stubble burning this time. The cases of stubble burning in Punjab have reduced by 70-80 per cent and this has been acknowledged by the Central Government and the Union Agriculture Minister," Mann said.
The CM further said that after paddy harvest even the wheat crop has been sown and now, there is no incident of stubble burning.
He said BJP leaders used to claim that Punjab's smoke from stubble travels to Delhi.
"Now, there is no stubble burning, but Delhi is facing very poor air quality. This proves that earlier too Punjab's smoke had no role for Delhi's poor air quality. Only accusations were made by the BJP to defame Punjab. At least now the Centre should praise the farmers of Punjab," he said.
"Meanwhile, Delhi's AQI is between 450 and 500, flights are being cancelled, and breathing has become difficult," said Mann.
He asked both the BJP government in Delhi and the BJP led Centre to address Delhi's air pollution, saying citizens cannot even venture out for a walk due to air pollution.
He also asked the BJP that Punjab should not be dragged into this political battle, instead, Punjab's farmers should be appreciated, and the Delhi and Central governments should focus on addressing Delhi's air pollution.
Mann further said that farmers of Punjab are 'anndatas' (food providers) and they meet the country's food needs, they should not be defamed.
