This blog is written by Sushmita Rawat, a Second-year law student of Mewar Institute Of Law

The Legal system in India has long identified the need to safeguard the women from the abuse and vulgar harassment. Recently, the supreme court of India issued a very vital role that clarified the aims and interpretation of these provisions, especially in cases related to the vulgar display of women. Women’s have been shown vulgar when it comes to addressing the offences related to the assault or use of criminal force on women with the intent to outrage their humility. Section 354A-D of the Indian penal code (IPC) addresses the issues which are primarily related to women.

Through this blog we are going to investigate the matters related to the court's decision and its long reaching implications for gender justice in India.

The supreme court has undoubtedly emphasized the protections of women’s stature and regulating offensive portrayals. these norms demonstrate a continual action to strike a balance between upholding freedom of expression and respecting the right of individual and societal criterion

State of women in India

In Terms of advancement and attainment:

1. Legal protection: There has been a plenty of law which is made for protecting and safeguard the rights of the women such as The indecent representation of the women act 1986, protection of women from domestic violence act, 2005, sexual harassment of women at workplace act, 2013 etc

2. Political representation: the women in India have made a steady rise when it comes to representing our country in a political field. The number of women leaders in India is increasing rapidly.

3. Education and employment: participation of women in the workforce has increased rapidly and is increasing. women are participating in entrepreneurship, business and the technological industry.

Government has initiated schemes like Beti bachao beti padhao. We can see the participation of girl children in the education sector which results in the growth of literacy rate in India.

In terms of Adversity and Concern:

1. Health and safety: services for women in the health sector are limited when we talk about the facilities provided to women in rural areas. There have been many concerns about the safety of women in India.

2. Violence: The rate of physical abuse and violence is increasing rapidly. Steps have been taken by the government to stop these heinous acts.

3. Income gap: women in India frequently encounter disparities in salaries. women are not treated fair and equal to that of the men. gender roles and standards of society restrict their economic opportunity.

Key Judgement related to this issue

● S.R Bommai v. Union of India: This case did not clearly address vulgar displays of women but is important for its broader implications on fundamental rights and governance, which include the safeguarding of dignity and rights of women.

● Chanda Rajkumari & Anr. v. commissioner of police: it was a case of displaying women in vulgar and indecent manner in beauty contests. Which prohibits the fundamental rights explained in article 14,21 and 51A of the constitution of India.

Section 354A:

● Section 354A was introduced by the Criminal Law Amendment Act 2013, It is described in IPC which is related to sexual harassment. This act defines the punishment and penalties for the person's or individual involved in such behaviour.

● Displaying pornographic content or involving in the same.

● Demanding sexual favour or making sexual remarks.

Section 354B:

● Section 354B of the Indian penal code obligates the offense of assault or use of criminal force to a woman with intent to disrobe. It was introduced by the Criminal Law 2013, for the women as they are to suffer and be the victim of harassment or violence.

● This section penalizes the act of violence against the women or any degrading act done to the women. The punishment for this offence is imprisonment which may go up to 7 years or fine.

Section 354C:

● This section of IPC deals with Voyeurism. This means taking pictures of women when undressing or observing them which will violate their privacy without their consent.

● The punishment for this act when done for the first time is 1 year of imprisonment or fine or both. If the act is done subsequently the penalty for this offence will be 3 years or a fine or both.

Section 354D:

● This section of IPC is related to stalking. It was introduced by the Criminal Law Amendment Act, of 2013 keeping in mind various types of harassment that take place with a woman.

● Stalking means unwanted following or making calls or messages which will cause the women to feel distressed or fearful. If this act is done for the first time the punishment will be 3 years or fine or both if done subsequently then the punishment [1]will be 5 years or fine or both.

Conclusion:

The Court's decision emphasizes the significance of safeguarding artistic and personal expression under the First Amendment while also referring to the boundaries of public decency and obscenity.

When we as a community are evolving the standards and decency of the will likely continue to be tested again and again. The law must navigate this nuisance to uphold both individual freedom and social standards.

Lastly, I would like to conclude that the supreme court's judgement in cases related to the vulgar display of women highlights the areas of protection of women's image and provides a standard of decency while throwing light upon the social values and freedom of expression.

References:

Choudhary, Bhanu. “Indecent Representation of Women in India - Laws and Cases.” WritingLaw, 7 August 2023, https://www.writinglaw.com/indecent-representation-of-women-in-india/. Accessed 11 September 2024.

“indecent representation of women doctypes: judgments.” Indian Kanoon, https://indiankanoon.org/search/?formInput=indecent%20representation%20of%20women+doctypes:judgments. Accessed 11 September 2024.

“Law, Women And Advertisements.” Legal Service India, https://www.legalserviceindia.com/article/l210-Law,-Women-And-Advertisements.html. Accessed 11 September 2024.

National statistical office. “education and employment.”

Verma, Ayush. “Powers regarding the Indecent Representation of Women Act, 1986.” iPleaders, 26 November 2020, https://blog.ipleaders.in/powers-regarding-indecent-representation-women-act-1986/. Accessed 11 September 2024.