THE PSYCHOLOGISTS ALL OVER THE WORLD ARE CAUTIONING THAT EXPOSURE TO MEDIA VIOLENCE AND SEX, HAVE DAMAGING IMPACT ON THE CHILDREN, MINORS AND YOUTH. PARENT’S RIGHT OF BRINGING UP THEIR CHILDREN IN MIND POLLUTION IN A FREE ATMOSPHERE IS SNATCHED AWAY BY THE PERVERTED MEDIA.
IN THE
HIGH COURT OF JUDICATURE AT MADRAS
(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,
Doordarshan Bhavan,
Copernicus Marg,
New Delhi – 110 001.
3. Central Board of Film Certification (Censor Board)
Walkeshwar
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
Chennai – 600 005.
10. Raj T.V.
Raj Television Network Ltd.,
32, Poes Road 2nd Street
Teynampet,
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
5. I state that
at present that the TV Broadcasting of the Respondent covering the whole of India
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
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
17. At present
there are more than 290 TV channels are
broadcasting in India
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
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 U.S.A.
37. The London
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
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.
ADVOCATE : CHENNAI
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