Tuesday, 11 November 2014


(Special Original Jurisdiction)

W.P.No.     17629                   of 2009

1.       G. Alex Benziger
2.       Rev. Fr. Pancras M. Raja
3.       A. Arokiadoss
4.       Dr. S. Leonard Vasanth                                     … Petitioners

-Vs -

1.       Union of India
          Rep. by its Secretary to Govt.
          Ministry of Information and Broadcasting Department,
          R.No.655, A Wing, Shastri Bhavan,
          New Delhi – 110 001.

2.       Prashar Bharati Nigam Ltd.,
Rep. by The Director General,
Doordarshan Bhavan,
Copernicus Marg,
          New Delhi – 110 001.

3.       Central  Board of Film Certification (Censor Board)
          Walkeshwar Road,
          Mumbai  - 400 006.

4.       Vijay T.V.
Star Television  Ltd.,
Star House,  Off. Dr. E. Moses Road,
Mahalaxmi, Mumbai – 400 011.
5.       Sun T.V. Net Work (Pvt.) Ltd.,
          Corporate Office,
          4, Norton Road
Mandaveli, Chennai – 600 028.

6.       FTV India Pvt. Ltd.,
          3rd Floor, Nirlon House,
          Opp. To Sasmire,  Dr.A.B.Road,
          Worli, Mumbai – 400 030.

7.       AXN T.V.
          Sony Entertainment Television
          Interface  Building No.7,
          Off. Malad Link Road,
          Malad (West)
          Mumbai – 400 064.

8.       Kalaignar T.V. Pvt. Ltd.,
          Anna Arivalayam,
          367/369 Anna Salai,
Chennai – 600 0018.

9.       SS Music
          126 & 127, 3rd Floor,
          Triplicane  High Road,
          Chennai – 600 005.

10.     Raj T.V.     
          Raj Television Network Ltd.,
          32, Poes Road 2nd Street,
Chennai – 600 0018.                                 … Respondents


                   AFFIDAVIT OF  G. ALEX BENZIGER

          I, G. Alex Benziger,  son of M.S. Gregory  aged about 48 years,  residing at No.18, Pidariyar Koil Lane, Chennai – 600 001, South India, do hereby solemnly affirm and sincerely state as follows : -

          1.       I am the first petitioner herein I am well acquainted with the facts of this case.  The second petitioner is a Catholic Priest, and I am filing this affidavit on behalf of the other petitioners also. We are filing this Writ Petition under public interest.
2.       The second petitioner is a Catholic  priest  serving  in India for the past 43 years,  He is  grooming the generation  in  the Tuticorin,  Kottar and  Palayamkottai Dioceses, nurturing them with moral, ethical  values.  The present day young and children who are highly exposed  to mind pollution by the Television programmes, advertisements displayed by the Respondent Cable Television Networks telecasted.

3.       We are filing the above writ petition against Obscene, violent, vulgar, indecent exhibition of dramas, serials, dances advertisements in the Television Cable net works telecasted by the Respondent TVs.

          4.       I state that TV is an indispensable feature for everybody  invariably whether  aged, young, child, rich or poor, who are seeing  the  television programme. This is the only past time or recreation for everybody  in  India either town  or rural areas  whether educated  or not.

          5.       I state that at present that the TV Broadcasting of the Respondent covering the whole of India through Satellite network without any censorship or self control. The broadcastings  are shown as  glorification  and  extenuations, enlisting  admiration  or sympathy  for criminals, Vice of immoral  acts  are displayed indiscriminately. Indecorous dancing, importination of women, torture  of adults  brutal fighting, gruesome murders, drunkenness, smoking  not  essential to the theme of the story are  shown. Excessive passionate  love scenes,  indelicate, sexual  situation  and  suggestive  of immorality is very  commonly  exhibited. Lowering of the sacredness of the institution of marriage  is a danger to the  future  society. The present  exhibition of serials, advertisements etc.,  are full of vulgarity, indecent,  obscene and  pollute the minds of the young and children. 

6.       There is no freedom without law, therefore without the restricted guidelines and rules it is impossible to expect healthy programmes in TVs.

7.       I respectfully submit that earth pollution is bad. Water pollution is worse. Air pollution is still worse. But the worst of all is the mind pollution.  It corrupts the most valuable trait of human species. It corrupts  the thinking.  One of the most common forms of mind pollution observed  today is  obscenity, vulgarity and violence on women and children.

8.       Today,  we live in a culture of fear. Fear of violence. Fear  of  disease. Fear of war. Fear of terror. Fear of the weather.  Fear of our  neighbours. Fear of the unknown. Television  Broadcasting drives a lot of this fear. People  believe what they see on T.V. Television has an impact on fashion  and  lifestyle. It also  has an impact on attitude  and knowledge. If it is on TV  it is believed to be true.

9.       The present TV channels  broadcasts  are full of adult  contents. The  films, dance serials show detailed rapes and  sex  sequences. Music  videos have half naked  girls dancing, making suggestive  gestures almost  performing  pornography. 

          10.     I further state  that in last few years  a large  section of the media  particularly  TV channels of the Respondents have taken liberty  to flout  all norms related  to obscenity, vulgarity and violence. A systematic  overdose  of nudity and vulgarity is being  forced into the brain of common viewer. The purpose  is to use a cheap  short cut to catch attentions and thus  heat competition. They want to make quick   money  by selling their uncensored,  uncontrolled  mater mixed with so called Hot Stuff. The long  term effect of this  bombardment to sex and nudity  is  resulting in corrupting  the thought  process  because thoughts  are bound to come according  to what  you see, read  and hear. The psychologists   all over the world are cautioning  that exposure to media  violence  and sex,  have damaging  impact on the children, minors and youth. The common  man and parents  of young children  are  worried. They feel helpless  and  frustrated. Their  right  of bringing up their children  in mind pollution  in a free atmosphere  is snatched away.
11.     Any picture, photograph,  figure,  article, write up, etc.,  or a public  act which depraves or corrupts the mind  and which appeals to the  prurient  interests  or which is against  the acceptable  social moral standards  would be called  obscene  and vulgar.  In other words, the condition  in which  you would feel ashamed to see your  mother or wife or daughter or sister  is obscene.  Obscenity is subjective  issue.  It is the  eyes of the beholder. The answer  is, one  of the  signs  of primitive man  getting  civilized was that he  started wearing  leafs and barks of trees. It has  been a long  gradual process  of human civilization. Today  so called  liberals are advocating  nudity  in the name of  liberalization  then  they are taking  us back to the primitive  man and primitive civilization. Keeping  the society  in mind, whatever  generally is not acceptable in the society  is called obscene. For eg. wearing  a bikini  in the beach  is normal but wearing  it in a public place  is  objectionable  and obscene. Having sex  in closed rooms is normal  but doing it in public,  even  by legally married couple is objectionable. At present, Television  channels are Broadcasting  Advertisements,  serials, any public  occurrence which are  full of adult  contents  as follows :
a.       T.V. Serials, films, show detailed rapes  and sex obscene,  indecent  sequences.
b.      Music  channels  have half naked girls dancing, making suggestive  gestures, almost performing  pornography.
c.       The dancing competition programme  are in  utter obscene  and indecent  body languages.
d.      Glorification  or extenuation  of  crime depicting  the  modus  operandi  of criminals enlisting  admiration   or sympathy  for criminals.
          e.       Vice and immoral  acts of vicious and immoral person.
          f.       Indiscriminate drinking and smoking not connected with the theme of the story.
g.      lowering  the  sacredness  of the institution  of marriage.
h.      depicting  rape, seduction, and criminal assaults on women, immoral  traffic in women soliciting prostitution  or  procuring, illicit  sexual  relations.  
i.       excessive  passionate love scenes,  indelicate sexual situation  and scenes suggesting immorality
j.        indecorously or suggesting  dressed, and  indecorous postures. 
          k.      indecorous  dancing, importunation of women. 
          l.       cruelty, strangulation, mutilation  and bleeding.
          m.     cruelty to animals.
n.      use of drugs,
          o.       horror  as a predominant element.

          12.     The freedom  of expression  available  to the  Broadcasters  is not for the Broadcasters as an  Institutions  but  for the public good. The crux is not  the  Broadcasters  freedom to broadcast it is rather the citizen  right to know.   Right  to  freedom of TV is a valuable right  but the right carries with it, the responsibility  and duty to be  truthful and to protect   right of others.

          13.     In India, seeing TV programme  is an every day  affair for everybody either  young, old or child, rich or poor in rural or city. But the said TV programmes are exhibiting  indecent,  immoral programmes indiscriminately  without  being censored by  authority  of law or self control. In fact  there is no restriction  available on the Television  networks. No pre-censorship  is provided  in the cable TV networking.  

14.     I state that  Broadcast Media is a powerful purveyor  of ideas and values  and plays a pivotal  role. It should not only provide entertainment  but also disseminate information, nurture and educate  and empower the people of India so as to enable them effectively  participate in the democratic  process, preserving, promoting and projecting the diversity of Indian culture and tradition. Further the  broadcasting  is duty bound to the educational, developmental, Social, Cultural and other needs and aspirations of people.
          15.     I state that the marriage as an institution is under threat. Divorces are increasing at a geometrical speed. The foundation of the family is dynamited. Teenagers and minors are indulging   in sexual activities due to the adult contents in the TV. The body of a woman has become an object of entertainment. The Indian culture  of a life long vow  of faithful marital  life is almost  made   nothing  due to the  incessant TV  broadcasting of  vulgar, indecent  serials  and  programmes, against  morality  and ethics.

          16.     I further submit that all the steps taken by the Government  of India submitted a number of Bills (which are annexed to the typed set of papers) to regulate the TV broadcasting and  none of the said bills  contain any measure  to control  the obscenity, indecency  and vulgar Broadcasting  by the TV corporates. All the said Bills have been allowed to lapse. As on  today there is  no law available in India  to  restrict  the obscene  indecent vulgar  Broadcasting  in `Television’ network channels.

          17.     At present there are more than 290 TV channels  are broadcasting  in India. The present uncontrolled, unrestricted Broadcasting  by Television  networks  disseminate obscene,  indecent  vulgar and violence in exhibition in all the TV channels  in the form of serials,  advertisements  and  other programmes. The TV programmes, serials are with obscenity and  indecent  words, dress and body language. The Hon’ble Minister for Information   and Broadcasting  Mr. Priya Rajan Dasmunshi warned the channels  which do not adhere  to the  moral code would see “tough  days ahead”. To the crux of all, Broadcasting of  indecent, vulgar  programmes  shown by the Fashion  TV and  AXN  TV,  was having  serious  uproar in the society.  On 17th January 2007 the Government  of India  had banned to Telecast  of AXN channel  till March 15, 2008 for showing a programme titled “Worlds  Sexiest Commercials as it violated the programme code for cable television”. Further the Govt. banned  the Fashion TV for two months  from 1.4.2007 and  on  21.9.2007,  a Russian Channel  TB6 were taken off air for  obscene content.

           18.    I further submit that  Article 19 of the Constitution of India Guarantees  Freedom of speech and  expression and the  same  can be restricted  among other grounds of social moral  standards,  decency  and morality.  Under Section  292 of  Indian Penal Code, provides  that  any obscene or vulgar  act displayed in  public is punishable. Under, the Indecent representation of Women (Prohibition) Act 1986, provides  that  depiction  of the  figure,  body or any part of the woman’s  body which  is denigrating  women  or likely  to corrupt  public morality is a punishable offence. In fact the Cable Television  Network  Act  clearly  mention that  24 hours adult programmes can be shown in television.

          19.     I state that  censorship is prevalent all the world   over in some from or the other in respect  of  cinematograph  film. But  as on  today  there is no pre-censorship in respect of  Television  plays. Earlier K.A. Abbas  challenged the pre-censorship against cinematograph  film. The Hon’ble Supreme Court upheld the pre-censorship  on the  cinematograph  film  and the same  is not in violation  of the fundamental rights Article 19 (1) (G). The Hon’ble Supreme Court has held  that the censorship  of film,  their  classification  according  to  age groups  and their suitability  for  unrestricted  exhibition  with or without excision  is regarded   as valid  exercise of power in  the interest of public morality  decency  etc.

          20.     I further submit that the need for  the censorship  of the cinematograph  film  was realized by the Government of India  as early as 1968 and constituted  a committee under the Chairmanship  of  Retried  Chief Justice  of  Punjab High Court Hon’ble Justice Mr.C.D.Khosla to study  and submit  a report. The said  committee after elaborate  comparative study  had submitted  a report, under the  Cinematograph  Act. Every person desiring to exhibit any film has to  apply for a certificate  from the  Board of Film  Censor  created under the Cinematograph Act. The Censor Board shall after examining  the film certify  the same  or  refuse  to  certify. The  certification  may be  for unrestricted  public exhibition  or restricted  for adults  only by  granting  “U” certificate  or `A’ certificate respectively.

21.     The said Cinematograph Act  lays down the principles  for guidance  and appeals  under Section  5B and 5C. Section 5B provides  that  a film  shall not be  certified for  public  exhibition if in the  opinion  of the authority competent  to grant  the certificate   the film  or any part  it is against the interest of the Security  of the State friendly  relations  with  Foreign  States, Public order,  decency  or morality or involves  defamation or contempt  of court as is likely to  incite the Commission  of Offence.   Section   5B(2) provides  that subject  to the provisions  in Sub-Section (1), the Central  Govt.  may issue  such direction  as it may think  fit setting out the principles  which shall guide  the authority  competent  to grant certificate  under this Act in  sanctioning  film for public  exhibition . Under  Section 5C any person  aggrieved  against  the order  of the same shall  make an appeal  to the Tribunal.

          22.     Under Section 5B(2) the Central Government  has  given directions  to the Board of Film Censors. They are divided into General Principles three in number followed by directions  for their application in what  are called  rules. The General Principles laid down by the Supreme Court as follows :
          (a)     No picture shall  be certified  for public exhibition which  shall  lower the moral  standards  of those who  see it. Hence the sympathy  of the audience shall not  be thrown on the side of  crime, wrong doing evil or sin .
          (b)     Standards of life,  having regard to the Standards of the country  and the people to which the  state  relates, shall not be  portrayed as to  deprave the morality of the audience.
          (c)      The prevailing laws shall not be so ridiculed  as to create sympathy  for violation of such laws.

          23.     The  application  of the said General  Principle is indicted in the  four sections of the rules that follows  the uniform  standards  all over the country.
Section I
          (1)     The first section deals with  films which are considered unsuitable  for public exhibition. This  section  is divided into clauses  A to F.
Clause A :           deals with the  delineations of crime.
Clause B : with the exhibition of human form. 
Clause C :           with that  of relation between  sexes. 
Clause D : with the  exhibition of human  form
Clause E :  with the bringing into contempt  of Armed forces  or
public authorities  entrusted  with the  administration  of law and order.
Clause F  : with the  protection of the  susceptibilities   of foreign  nation and  religious communities  with  formenting  social unrest of  discontent  to such an  extent as to incite  people to crime and promoting  disorder, violence, a breach of the law  or disaffection or  resistance  to  Government.
Section II - Section- II enumerates subject which may be  objectionable  in a context in which  either they  amount  to  indecency, immorality,  illegality  or incitement  to  commit  to  breach of law.
Section – III provides :
          It is  not purposed that  certification  of a film should  be  refused  altogether  or that it  should be  certified  as suitable  for  adult  audiences only,  where the  deletion of a part or parts  will render  it suitable for  unrestricted  public exhibition  or for exhibition  restricted  to adults  and such  deletion  is made, unless the film  is such  as to deprave the majority  of the audience  and even excisions  will not  cure the defects.
Section – IV   deals with  protection  of young persons  and enjoins  refusal  of a certificate for  unrestricted  public exhibition  in respect of a film  depicting  a story  or containing  incident unsustainable  for young  persons  emphasis  in this connection  is laid in particular  upon : -
          (a)     anything  which strike  terror in  a young person,  i.e.  scenes  depicting  ghosts, brutality, mutilation,  torture, cruelty etc.,
          (b)     anything  tending  to disrupt, domestic harmony, or the confidence  of a child, in its parents for e.g. scenes depiction of parents  quarrelling, violently, or  one of them  striking  the other  or one or both of them behaving  immorality ;
            (c)    anything  tending  to make a person of tender  years  insensitive  to cruelty  to others  or to animals.

          24.     In the aforesaid  sections  the following  are unsuitable for  exhibition  namely –
(i)               glorification  or extenuation  of crime,
(ii)            Depicting the  modus operandi  of criminals.
(iii)         Enlisting  administration  or sympathy for criminals.
(iv)          Lowering  the sacredness  of institution  of marriage and  depicting rape, seduction and criminal assaults  on women, immoral  traffic in women, soliciting  prostitution,  procuration, illicit sexual  relation  excessively  passionable  love scenes,  indelicate sexual  situations, scenes  suggesting  immorality.
(v)             Indecorous  dancing, importunation of women, cruelty, strangulation  executions,  mutilations and bleeding  cruelty  to animals,  drunkenness, or  drinking  not essential   to the theme of the story,
(vi)          Traffic  and  use of drugs.
(vii)       Class  hatred, horrors of war,
(viii)    Blackmail associated with immorality
(ix)          Gross travesties of  administration  of justice.

25.     I state  that there is no pre-censorship  provided in any law in  respect of  telecasting in television . The Central Government has  enacted  a law called  “The Cable Television Networks (Regulation) Act 1995 (Act 7 of 1995) to  regulate the operation of cable television  networks  in the country and for matters  connected  therewith  incidental  thereto. Under Section  5 of the said Act  provides as, “No person  shall transmit  or retransmit through  a cable service, any programme, unless such programme is in conformity with the prescribed  programme code”. 

26.     Section 20(3) provides  that “Where the Central Government  consider  that any programme  of any  channel  is not in conformity with prescribed programme code referred to in Section 5 it may by  order regulate or prohibit the transmission  or re-transmission  of such programme”.

27.     Under the said Act 7 of 1995 the Central Government has  framed  the Rules,  wherein, Rule 6 provides programme  code as follows :
(i)  No. programme should be carried in the cable service which:-
(a)     offends against  good taste  or decency.
(b)     contains criticism of  friendly countries,
(c)      contain attack on religious  or communities or  visuals  or  words  contemptuous  of  religious groups, or  which  promote  communal  attitudes.
(d)     contains  anything  obscene, defamatory, deliberate, false and suggestive  innuendos  and half truths,
(e)     Is  likely to encourage or incite  violence, or contains  anything  against  maintenance  of law and order which  promote anti-national  attitudes.
(f)      Contains  anything  amounting  to contempt  of court.
(g)     contains  aspersions against  the  integrity  of the President  and judiciary.
(h)     contains anything  affecting  the  integrity  of the nation.
(i)      Critisises,  malign or  slander any individuals in person  or certain  groups, segments of social  public  or moral  life of the country.
(j)      encourages, superstition or blind belief.
(k)     Denigrates, women,  through the depiction  in any manner  of the figure  of the woman, her form or body or any part thereof, in such  a way as to have the effect of being  indecent  or derogatory  to woman, or likely  to deprave  corrupt, or injure  the public  morality  or morals.
(l)      Denigrates  children
(m)    contains  visual  or words which reflect  a slandering  ironical and snobbish attitude in the portrayal  of certain  ethnic, linguistic,  and  regional  groups.
(n)     contravenes  the provision  of the  Cinematograph  Act.
(ii)     The cable operator  should strive to carry programmes in his  cable service, which project  women in a positive leadership  role of  sobriety,  moral, character  building  activities,
(iii)    Programmes  meant for  adults, should  normally be carried in  the cable service after 11 p.m. and before  6 a.m.
(iv)    Care should be taken to ensure  the programme meant for  children  do not  contain  any bad language, or explicit  scenes  of violence.
(v)     Programmes,  unsuitable  for children  must not be carried  in the cable  service at times when the largest  number of children  are viewing.

28.     I respectfully submit that there is no pre censorship measures provided in the said Cable Television Act and Rules.  There is no enforcement machinery provided under the said Act  and Rules. In a way it is left open  to the cable  television  operators  to  have their  own free choice. Taking advantage  of the said absence of regulatory  measures, all the TV channels  are  exhibiting indecent, vulgar, programmes  polluting children and young person. The Government of India drafted a bill to  regulate  the  “Broadcasting  Services Regulation  Bill  2006” and the same was allowed to lapse. Subsequently, another Bill was  introduced under the name and style of the “Broadcasting Services  Regulation Bill 2007” and this has also been allowed to lapse. Both of the said Bills  did not  provide  for  any regulatory measures  of  any pre-censorship of the TV programmes. On the contrary, Government of  India  has  suggested  a guidelines  under the  name of self regulation  guidelines  for the  Broadcasting.

29.     I further  submit that all the television corporates  broadcasted  the episode of assault occurred in the Madras Law College on 12.11.2008  repeatedly. The  result is all the viewers  were put into horror  and terror. The whole society was put under shock.  Events can be  broadcasted  as a matter of public information  system.  But, repeated broadcasting of the same  episode  makes the people  terrified and they are compelled to think the society  negatively. The terror  attack happened at Mumbai on 26.11.2008 was again  broad casted  repeatedly. Further  the police atrocities in the Madras High Court on 19.2.2009 was broadcasted  repeatedly nearly one week. On repeated broadcasting  of the barbaric act has  made  the people  under  shock.

30.     I further  submit that the Govt. of India has framed programming code to the Television Broadcasting. Under the said code authorities have been created and they are only toothless bodies. Violators of the programming  code are not  booked nor tried and punished. In a way there is no law available  as on  today regulating the TV Broadcasting  in India.

31.     I further submit that consequent  upon the  judgment  of the Supreme Court  in the Bengal Cricket  Association case (1995) the Airwaves are public property  and  the same has to be controlled by the Public Authority  in the interest of  justice.  The Broad casting  bill 1997 was introduced in the Parliament  and the same was lapsed. The following bills have been introduced  in the parliament.
1.                 The Broadcasting  Bill 1997.
2.                 The Communication  Convergence Bill 2001.
3.                 The Broadcasting  Services  Regulation  Bill 2006.
4.                 The Broadcasting Services Regulation  Bill 2007.
All the said  bills introduced in the Parliament  have been allowed to lapse. The Cable Television Networks  Act 1995 has been brought to  regulate  the cable business without  enforcement  or monitoring  authorities.

32.     The following    obscene,  indecent vulgar immoral broadcastings  displayed indiscriminately by  the following T.V. channels  namely ; 
*        AXN TV programmes. A cinema was Broadcasted on  7.1.2009  wherein on  a male  was handcuffed by a woman and raped. 
*        On  26.1.2009 Republic Day  a cinema under  the  title of  “Kathalil  Vizhunthen”  brutal  murders  were shown.
*        On 26.1.2009 a movie called Giri wherein a lady asks her son  to bring  the head of  another  in  a vociferous  sound.  The dialogue  was repeated several times.
*        SS Music,  dance programmes are shown  with indecorous  and importunation  of women.
*        “Manada  Mayilada” - in Kalaigner TV
*        “Jodi No.1” -  in Vijay TV,
*        “Fashion Parade”- in Fashion TV  with indecorous  dressing  and  half nude.
*        “Love at First sight” messages for youngsters to indicate love message to the opposite sex - in Raj T.V. (Raj Music) and other T.Vs.
*        In the past, man was shown as running after women. Now a regular feature is two or three women fighting for a man. This kind of blatant degradation of womanhood in all the TV serials.
There are innumerous instances.

33.     These television  programmes  are  exhibited  in competitive  character of one TV  trying to do more than the other, without  bothering  or  accepting  their responsibility  to the people Nation, its tradition, culture and the impact on the young and children. 

34.     Very many complaints  have been  lodged  before the Central Government against the indecent, immoral obscene programmes. Various  forums  and Social service  organizations are  making  protests Dharnas  against  the said illegal exhibitions.  But  all in vain.

35.     Children  protested against  indecent portrayal  of women in television  programmes  in Chennai on 2.3.2008.

36.     The cases of molestation sexual harassment and rape is on the rise due to this constant  broadcasting  of  obscenity, violence  in the media in the  new generation. The ultimate  result would  be, steady  destruction of the institution  of  marriage.  “The New York Times” reported on 16.1.2007 that 51% of the women  in  USA  are without spouses. Further  prevalence  of much married  status  is common. As on  date,  due to the said  obscene vulgar programmes  in TVs  have  created  intolerance  that it had resulted  with  multiplication of Family  Courts,  and filing of divorce petitions had increased at Geometrical speed. “The New Indian  Express” on 17.7.2007 reported  that many young couples, particularly  women, have been   filing  petitions  for  separation, which was  unheard of in the 1970’s. A judge  of the Delhi Matrimonial   Court said  there used to be one to two cases  in the 1960’s, 100-200 in 1980s, about  1000 in 1990’s but now it has increased to  about  9000 cases per annum.   Our country  has  a rich  tradition  of  system, and culture.  Marriage  is a divine institution. Any form of denigration advocating the lowering  the institution  of  marriage cannot be allowed. If the present trend is allowed  to continue  we may also face the same  situation as in U.S.A. Further the fate  of the children and building  up of the future society  is at a high risk.

37.     The London based “The Daily Telegraph” on 2.2.2009 reported that “too much  TV can make children mentally ill”. The report has  found that only  a quarter of children  with mental health problems get any specialist help, and one  in 10five  to 16 year  olds  now have mental health issues  ranging  from anxiety  or depression   to  conduct  disorders  such as destructive behaviour.

38.     I respectfully submit that under sec 20 of the Cable Television Networks Regulation Act 1995 the, Central Govt may prohibit operation of any Cable Television Network in such areas. The Central Govt. is also bound to regulate, prohibit the transmission and retransmission of any channel or programme of any Cable TV. Under the said Act (Sec 20) the Central Govt. has to prohibit the operation of any Cable Television Network of their transmission or retransmission, in the interest of public order, decency and morality.

39.     I further submit that a notice has been issued to the Central Govt. and other TV Channels dated 25.03.2009, to prohibit transmission of indecent, vulgar, violent, immoral programmes and the same has been received by them. But only two, TV Channel network namely, AXN and Vijay TV have given evasive reply.

40.     We have no other alternative and efficacious remedy except to invoke the extra ordinary jurisdiction  of this Hon’ble Court under Art 226 of the Constitution of India.

It is therefore prayed that this Hon’ble Court may be pleased to  issue a Writ of Mandamus or any other writ, order or direction in the nature of a writ directing the 1st respondent to regulate, order prohibit the transmission or retransmission of the cable Television networks of the Respondents which are telecasting indecent, vulgar, obscene programmes of inducing, glorifying violence, crimes, obscenity in particular on women and children, explicit images of sexual perversions or acts of sexual violence like rape or molestation, or show pornography, or use of sexually suggestive body language or have half naked girls dancing almost performing pornography or indiscriminate drinking and smoking and pass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice.

Solemnly affirmed at Chennai
on this the      day of  July , 2009                       BEFORE ME
and signed his name in my presence.

Saturday, 21 June 2014


May 31, 2014
Advocate-Madras High Court,
No.123, Additional Law Chambers,
High Court Buildings,
alexbenziger@aol.com ; alexbenziger@gmail.com
Palais des Nations
CH-1211, Geneva10,

Human Rights Treaties Division (HRTD),
Office of the United Nations High Commissioner
for Human Rights(OHCHR),
Palais des Nations
CH-1211, Geneva10,
Email : crc@ohchr.org
Respected Sir/Madam,
Sub: The United Nations’ Committee on the Rights of the Child has issued Concluding observations, on the initial report of the Holy See under CAT/C/VAT/CO/1 on May 21 & 22, 2014 - Regarding.
1. I am a practicing advocate in the High court of Judicature at Madras, South India, with 27 years of Bar Experience. I am professing Roman Catholicism as my religious faith. Our forefathers were converted into Christianity 300 years before. I am hailing from Kanyakumari District, which is situated at the Southern tip of India. I am belonging to the suppressed community (Nadar Caste) in the Travancore Kingdom. The Travancore Kingdom was established in 1729 and ruled till 1949. The Travancore Kingdom merged with India after two years of its independence from the British government. Our family has the genealogy from 1754 onwards till date. (maravankudieruppu.com/genealogy.html ).

2. The Vatican City State hereinafter referred to as Holy See. The Holy See has an area about 110 acres and a population around 840. As per Lateran Treaty in 1929, the Holy See was declared as the independent City State. But all over the world, its followers are 1.2 billion people.

3. A Government enacts a law and then implements the law within the territory with force. It is binding on all the peoples within its territory. The Holy See enacted a law but cannot be enforced like other governments. But the law of the Holy See will be binding its people only morally on whoever voluntarily accepted it. This is not a coercive process; it is depending on the will of its followers.

4. The United Nations’ Committee on the Rights of the Child, herein referred to as UN Committee, asked the Holy See to clear some remarks against the Holy See in respect of child abuse by the Catholic Church clergymen and nuns. The UN Committee has issued some observations; the Holy See has sent its initial report on its compliance with the Convention on the Rights of the Child on October 22, 2012. The U.N. Committee considered the second periodic report of the Holy See (CRC/C/VAT/2) as its 1852nd meeting (CRC/C/SR.1852) held on January 16, 2013, and again issued some written enquiries to the Holy See. On December 2, 2013, the Holy See has responded. On January 30, 2014 the UN Committee has said that “the Committee is gravely concerned that the Holy See has not acknowledged the extent of the crimes committed, has not taken the necessary measures to address cases of child sexual abuse and protect children, and has adopted policies and practices which have led to the continuation of the abuse by the impunity of the perpetrators”. Further, the Committee against Torture considered the initial report of the Holy See (CAT/C/VAT/1) at its 1220th and 1223rd meetings, held on 5 and 6 of May, 2014(CAT/C/SR.1220 and CAT/C/SR.1223), and adopted the following concluding observations at its 1245th, 1246th and 1247th meetings (CAT/CC/SR.1245, CAT/C/SR.1246 and CAT/C/SR.1247) held on 21 and 22 May 2014 has issued Concluding observations on the initial report of the Holy See under CAT/C/VAT/CO/1.

5. As per this report, the UN Committee did not find the Holy See in violation of the CAT, and acknowledges that the Holy See and Catholic Dioceses and religious orders have established important efforts to prevent sexual abuse. The Committee appreciates the open and constructive dialogue with the high-level delegation of the Holy See and noted that many Catholic dioceses and religious orders have provided financial settlements to victims of sexual abuse. Finally, the Conclusions do not assert that the Church’s efforts to protect the unborn are a form of torture or cruel, inhuman or degrading treatment or punishment under the CAT, thus safeguarding the fundamental human right of freedom of religion and opinion, and the protection and promotion of human life.

6. In this regard, I have also wrote a letter to the Committee on the Rights of the Child on February 20, 2014 that “if a man has written a WILL, after his death, no court or authority has the right to change or alter anything in the Will. It is likewise, regarding abortion, contraception, homosexuality and gay marriage. It has been written in the Scripture. It is the WILL of God. So, the Catholic Church, or the Pope or any other Ecumenical Body does not have the right to change or alter or modify anything against the Scriptures. Therefore, the request of the UN Committee to change the teaching of the Catholic Church is contrary to the Scriptures, Tradition and WILL of God. Hence the request made by the UN Committee to change the teaching of the Catholic Church cannot be accepted”.

7. After going through the Concluding observations issued by the UN Committee dated 21 and 22 May 2014, I have appreciated and expressed my sincere thanks to the UN Committee on the Rights of the Child and Committee against Torture.

           8. Anyhow I have raised some points and real facts to the Committee on the Rights of the Child and other United Nations Authorities.

9. In reality, the Holy See has the jurisdiction of only for 110 acre, in particular only 840 persons living in that territory. The Holy See’s UN Observer His Grace Msgr. Silvano Tomasi explained the Holy See’s position on May 5 and 6, 2014 in Geneva: “members of the clergy are citizens of the country in which they live and therefore they are under the jurisdiction of the local authorities who have the duty to prosecute crimes according their own laws. In addition to penalties imposed by the civil authority, the Holy See exercises a further spiritual penalty upon clergy guilty of such crimes, including removing the persons from the clerical state, or defrocking as it did for 848 of them from 2004 to 2013. The Holy See cannot interfere in the sovereignty of other nations, as this would be a violation of international law”.
10. The UN Body is being lobbied to condemn the Vatican handling of child–sexual-abuse accusations against priests, and the Church’s stand on birth control and abortion which amounts to violation of the Convention against Torture (CAT).

11. I am surprised to see that there are many sexual abuse charges made against the UNO authorities and other member States, but the Holy See alone has been singled out to prosecute, why? In a report referring to the widespread sex scandal by the UN officials, the London Times provides the following incidents:
i). A French UN logistics expert in the Congo shot pornographic videos in his home, where he had converted his bedroom into a photo studio for video recording his sexual abuse of young girls.
ii). UN officials are worried that the scandal, which already has netted 150 allegations of sex crimes by UN staffs, will explode if the pornographic videos and photos now on sale in Congo, be made public.
iii). Two Russian pilots paid young girls with jars of mayonnaise and jam to have sex with them.
iv). UN “peacekeepers” from Morocco based in Kisangani- a secluded town on the Congo River - are notorious for impregnating local women and girls. In March an international group probing the scandal found 82 women and girls made pregnant by Moroccan UN staffs and 59 others by Uruguayan staffs.
v). Two UN officials - a Ukrainian and a Canadian - have been forced to leave the African nation after getting local woman pregnant.
vi). Gruesome photos were published in a Milan magazine of Italian soldiers torturing a Somali youth and abusing and raping a Somali girl.
vii). United Nations peace keepers in Ivory Coast enticed underage girls in a poor part of the West African nation to exchange sex-for-food, according to the United States Embassy cable released by wiki Leaks. And it further reported that a random poll of 10 underage girls in Touleplen by aid group ‘Save the Children’ UK in 2009 found that eight of them performed sexual acts with Benin peacekeepers in a regular basis in order to secure their most basic needs. “Eight of the 10 said they had ongoing sexual relationships with Beninese soldiers in exchange for food or lodging.
viii). On January 3, 2007 the London Telegraph reported that more than twenty different cases of child sex slavery involving UN Staff have been reported in Southern Sudan.
ix). In November 2006 the BBC investigation found that children as young as 11 have been subjected to rape and prostitution by United Nations peacekeepers in Haiti and Liberia.
x). In 2003 Associated Press reported that UN officials were identified as using a ship charted for peacekeepers to traffic young girls from Thailand to East Timor as prostitutes.
xi). In early 2002 a massive paedophilia scandal within the UN was uncovered involving sexual abuse against West African refugee children in Sierra Leone, Liberia and Guinea. UPI reported that Senior UN officials knew of the widespread paedophilia, and not only did they not take action against the perpetrators, they covered up the atrocities.
xii). In 2004 the New York Post reported that the UN was trying to block the publication of a book by three United Nations field workers that detailed sex, drugs and corruption inside multiple U.N. missions.
xiii). On December 16, 2004 the Washington Post staff writer, stated that UN peacekeepers threatened UN investigators investigating allegations of sexual misconduct in Congo and sought to bribe witnesses to change incriminating testimony, a confidential UN draft report says. And further the report states according to the UN official that 68 cases of alleged rape, prostitution and paedophilia by UN peacekeepers from Pakistan, Uruguay, Morocco, Tunisia, South Africa and Nepal. Further UN officials say they have uncovered more than 150 allegations of sexual misconduct throughout the country as part of a widening investigation into sexual abuse by UN personnel that has plagued the United Nation’s largest peacekeeping etc…

12. But unfortunately the UN officials alleged that the Holy See failed to protect the people from the sexual abuses. On the other hand UNO officials also failed to protect the people from the sexual abuses committed by the UN personnel. Who is going to question the sexual abuses of the UN officials? Who is held responsible for the sexual abuse perpetrators of the UN officials in many parts of the world?

13. Child abuse by the perpetrators in the case of Holy See say that Vatican cannot be held responsible for violation of laws in other countries. The persons who live in a particular country are under the jurisdiction of the legitimate authorities of that country. But the Holy See is responsible only within the territory of 110 acres only. On the other hand UN Committee on the Rights of the Child is only concerned about the Holy See, but not accusing UN officials and other countries like Lebanon and Nigeria.

14. Subsequent to that, another UN panel says that the UN Convention against Torture (CAT) batters the Holy See that the “Vatican should be held responsible for sexual abuse of children, which could be regarded as a form of torture.

15. His Grace Msgr. Silvano Tomasi, the Holy See’s UN observer, presented his explanation to the UN Committee against Torture on May 5 and 6 at Geneva he explains his impressions on May 9, 2014 that “the nature and purpose of the Committee is that of monitoring the implementation of the treaty, not to change it. As such, the Committee is not a court which can pass judgment. In our dialogue, we pointed out that we understand the role of the Committee in this correct way”. Further he added that “in fact, the Holy See upholds the value of solidarity within the whole human family, among countries and people, in support of fundamental values like freedom of religion and opinion, the fight against poverty, integral development, assistance to migrants and refugees and the fight against the trafficking of women and children among many other concerns. The excess of some functionaries or experts employed by the UN, who tend occasionally to promote their ideological convictions instead of following the conclusions arrived at democratically by the Member States, offers the occasion for legitimate criticism”.

16. World net dictionary is based on “Word Net 3.0 “Copy right in 2006 by Princeton University” is using for the purpose of meaning the word abuse and torture.
Torture:              (Noun) extreme mental distress, or unbearable
                             physical pain or intense feelings of suffering;
                             acute mental or physical pain.

Sexual abuse:   a statutory offence that provides that it is a crime
                             to knowingly cause another person to engage in
                             an unwanted sexual act by force or threat.
I don’t know how the UN officials define ‘sexual abuse’ and ‘torture’. Therefore I have the doubt that the UNO is biased towards the Holy See, the UNO entertains a partisan attitude towards the Holy See. Some UN experts want to promote their own ideology and are imposing their ideology on the Catholic Church.

17. If it is to be allowed for the argument sake, sexual abuse by the catholic clergy leads to a form of torture. Then why not the UN officials in Sierra Leone, Liberia and Guinea and UN peace keepers from Pakistan, Uruguay, Morocco, Tunisia, South Africa and Nepal be held responsible for sexual abuse of children. Why not this also treated as torture? And further, why not Lebanon and Nigeria be held responsible for the child abuse and sale of children to adoption, and why it is not treated as torture?

18. Also concerning the corruption charges levelled against the United Nations Organizations, I quote some of them as follows:
i).Recently has been brought a cascade of scandals at the United Nations, of the wholesale corruptions of the oil-for-food relief programme in Iraq. Further in 1998 there is the saga of Annan’s son Kojo, who turned out to have received more than $195,000 from a major UN oil-for-food contractor, Cotecna Inspection, after he had formally stopped working for it. In investigating Kojo’s UN-related venture, Volcker came across the paper trail of a buy-now famous  green  Mercedes ; Kojo had saved $20,000 by buying this car at a diplomatic discount is Germany and shipping it duty-free into Ghana, all under the false use of his father’s name and diplomatic privileges and with the UN Seal.
ii).The more sensational ones include the disappearance of UN funds year marked for tsunami relief in Indonesia.
iii).The exposure of a transnational network of paedophiliac rape by UN peacekeepers in Africa.
iv).The latest developments in Nairobi and allegations that some UN officials and employees were members of an organized crime syndicate, must be shocking and disheartening to the UN leadership, donor countries and UN member States. Unfortunately, the reported corrupt practices and more undisclosed allegations are common in that part of the world and are being turned into an art form by many UN officials and employees in Somalia, Nairobi, and Kenya.
v).Somali refugees in Nairobi and local Somali authorities in the “Recovery Zones” and “Transitional zones” have been complaining for a period of time about range corrupt practices by UN officials and its employees. But, unfortunately UN officials didn’t take the Somali allegations. They have neither undertaken an internal inquiry nor have they responded to the allegations. The alleged corrupt practices and extortions continued and evolved into “an organized crime network in Africa” as reported by Reuters News Agency.

19. The United Nations is an inter-governmental Organization. The organization is financed by assessed and voluntary contributions from its member States. Its objectives include maintaining international peace and security, promoting human rights, fostering social and economic development, protecting the environment, and providing humanitarian assistance in cases of famine, natural disaster, and armed conflict.

20. 68 years have passed from the formation of UNO; still we have not achieved the four main purposes of its formation. The first, second and third purposes are about peace among nations. The fourth purpose is lives of poor, hunger, disease and human rights. On October 14, 2012 the UN report stated that around 870 million people have suffered from chronic malnutrition between 2010 and 2012. Africa is the only place where hunger is increasing, around 20 million in the last four years alone. Therefore, the UNO is failed in all the above aspects. About this, I wrote a detailed letter dated June 18, 2013 to His Excellency the Secretary General Mr.Ban Ki-Moon, wherein I explained many aspects.

21. On the other hand Christians are persecuted for their faith in all parts of the world. In 2008 marks 60 years since the Universal Declaration of Human Rights was adopted by the United Nations General Assembly, wherein the religious liberty is guaranteed to citizens of their own country. But frequent infringement of rights is suffered by the Christians. I quote some of them as follows:
i). In India, in the State of Orissa, in the mid-October 2008, 100 people were reported either dead or missing, 25000 peoples were living in refugee camps. 4400 houses and 151 churches/chapels were destroyed, Sister Mina Barua was publicly gang raped. Rev. Fr. Thomas was seriously beaten before being stripped naked and publicly paraded.
ii). In Algeria, in the first six months of 2008, new laws were introduced restricting religious freedom for non-Muslims.
iii). In Eritrea, the government of Isias Afewerki forcibly deposed the Orthodox Patriarch, called on all clergy under the age of 40 to enrol for military services.
iv). In Iraq, a spate of bomb attacks against churches-especially in Mosul and Baghdad-has sparked an exodus of Christians.
v). In Bangladesh, extremist groups have put pressure on Christians in tribal areas to convert, sometimes threatening violence.

        vi). Sudanese woman Meriam Ibrahim, sentenced to death for apostasy gave birth with her legs chained, her husband Mr Wani, says :The Telegraph  29 May 2014.

  vii). Muslim rebels attacked a Catholic parish in Bangui, the embattled capital of the Central African Republic, killing as many as 30 people, including the 76 years old parish priest : Rome Reports 29-05-2014.
       viii). Likewise, in the following countries, Belarus, Bosnia-Herzegovina, Myanmar, China, Cuba, Egypt, Indonesia, Iran, Kazakhstan, Lebanon, Maldives, Nigeria, North Korea, Pakistan, Saudi Arabia, Sudan, Turkey, Uzbekistan, Venezuela, Vietnam and Zimbabwe, Christians suffered and were victimized.

22. Today we have seen many more human rights violations in all parts of the world. I quote some of them are as follows:
i). In November 2012 Gulf News reported that more than 5000 Dubai girls below the age of 14 are married off to older rich man in Saudi Arabia.
ii). Arab Human Development Report, stated that in Saudi Arabia, prisoners are commonly tortured and beaten by both the Mutawwa’in and the officials in the Interior Ministry, and numerous prisoners have been executed-by stoning, beheading, or firing squad-for crimes ranging from “deviant sexual behaviour to sorcery; other convicts have been punished by amputations or the loss of an eye. Saudi women are discriminated as well by laws governing property ownership, testimony in court, inheritance and child custody in cases of divorce. Also, female genital mutilation is practiced legally in some parts of Saudi Arabia.
iii). In Jordan, freedom of assembly, association, the press and speech are all restricted by the Jordanian government; authors of articles critical of the government are often arrested and imprisoned. In August 2002 the Al-Jazeera television network’s license was revoked for airing views critical of the government. Marital rape and wife beating are permitted by law.
iv). In Lebanon forced labour is not illegal and many foreign servants, women, and children are compelled to work against their will. Child labour in general is rampant. Child abuse, kidnappings and even the sale of children to adoption agencies are relatively common, and ignored by the government
v). In Syria armed conflict has been escalated as the government intensified its attacks and began increasingly using deadly and indiscriminate weapons, culminating in a chemical weapons attack on the Damascus countryside on August 21, 2013. Government forces and pro government militias also continued to torture detainees and commit executions. Armed opposition forces including a growing number of pro-opposition foreign fighters, also carried out serious abuses including indiscriminate attacks on civilians, by executions, kidnapping and torture.
vi). In Nigeria, 300 Christian school girls were kidnapped a month ago by a maniacal Islamic warlord-Boko Haram, to sell the girls into slavery.
vii). In Egypt domestic violence is a serious social problem. A majority of the nation’s women undergo female genital mutilation.
viii). In Southern Sudan, constant attacks from the Arab Militias in the North has led to growing number of kidnap victims and selling of kidnap victims back to their families.
ix). In China, the former Deputy Health Minister of the Peoples Republic of China, Mr. Huang Jiefu stated on March 7, 2012 that “China is the only country in the world that is systematically making use of organs from executed prisoners. More than 20,000 transplants had taken place in a year, the Beijing Times reported on March 7, 2012.

23. Homosexual fellows are not homosexual persons but all of them are sexualized lust fellows. They want to live as they like. Now it is developed as polyamory. Are we civilized? Then what about moral law? What about natural order? If you failed to follow morality then you will not succeed to build up a peaceful society. If the UNO does not speak about morality or natural order then, the survival of the UNO will be jeopardized. Homosexual lobby will not succeed its agenda; their agenda is for time being, but the moral law will prevail over un-natural things and un-natural agenda.

24. We will not find any provision in respect of gay marriage as a constitutional right in any of the government. If the civil union is to be allowed as constitutional right then a man or woman can walk free without dress because it is their personal freedom or personal right, and it should not hurt anybody. The perverted, criminally sexualized persons are sitting as judges and they interpret the law according to their own whims and fancies. Now we could see, some people claiming that they have to be permitted to marry a dog or a horse, or a dolphin or to marry his porn laden computer. That is why, His Holiness Pope Benedict XVI stated in 2009 in Africa that “not everything is allowed and that one cannot do whatever one wants”.

25. Already I wrote a letter dated February 20, 2014 to the UN Committee on the Rights of the Child that Christianity founded by Our Lord Jesus Christ has been spread all over the world by millions of missionaries who have sacrificed their lives by fire, and were tortured and brutally murdered by lions and other wild animals. As I have narrated in the foregoing paragraphs, persecution is set out towards Christians in many countries, and they have suffered severe restrictions only because of their Christian faith. Anyhow, we the Catholics will face any form of persecution to save our faith which we have received from Our Lord Jesus Christ as He has said: “and calling the multitude together with his disciples, he said to them; if any man will follow me, let him deny himself, and take up his cross and follow me. For whosoever will save his life, shall lose it: and whosoever shall lose his life for my sake and the gospel shall save it (Mk. 8: 34, 35). On July 8, 2011 the New York Archbishop His Eminence Cardinal Timothy Dolan wrote: “faithful Catholics remain ready to face even the fate of St. Thomas More who was executed by King Henry VIII for defending the truth about marriage and further he added that we are willing to take the heat and even lose our heads from following a conscience formed by God’s revelation”.

26. Lastly, some forces are trying to expel the Holy See from the UNO, they may succeed but we Catholics never give up our faith, we Catholics will uphold the teachings of Our Lord Jesus Christ and we oppose abortion, contraception, gay marriage and homosexuality till the end of the world. On the other hand, if considerable UN Member States might withdraw from the UNO, then the fate of the UNO’s survival would questionable, but nobody can prevent the followers of Jesus Christ from propagating His Mission in the world. It will be growing until the existence of the World.
Yours sincerely,

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1.  His Excellency Salvator Pennacchio,
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