Kerala High Court admits writ petition challenging ‘Miss Kerala Contest’ and constituted a panel of observers in the wake of allegation that rules may not be followed strictly .The Bench consisting of Hon’ble Mr.Chief Justice Bannurmath and Hon’ble Mr. Justice. Kurian Joseph passed the following order.
“Government Pleader takes notice on behalf of respondents 1 to 3.Shri Bechu Kurien Thomas takes notice on behalf of the 4th respondent. So far as the interim order is concerned we order that the Miss Kerala contest may go on subject to the result of the Writ Petition. However we find that in view of the allegations that the rules may not be followed strictly We appoint the following learned advocates as observers and they may submit a report within one week”.
1. Adv.P.K.Ibrahim
2. Adv.Benjamin Paul.P
3. Adv.Meera.K
4. Adv.T.B.Hood
5. Adv.Bechu Kurian Thomas
See News
Hindu
IndianExpress
Deepika
Showing newest posts with label Beauty Pegant. Show older posts
Showing newest posts with label Beauty Pegant. Show older posts
Tuesday, August 4, 2009
Monday, August 3, 2009
Judicial remedy sought to ban events that denigrate women.
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
W.P.(C) No. ___________ of 2009
PETITIONER:
P.K. Ibrahim, Advocate, aged 52 years, S/o. P.M. Kochu Mohammed, National Council Member, People’s Union for Civil Liberties, residing at ‘Al-Jannah’, I.S. Press Road, Ernakulam, Kochi – 18.
Vs.
RESPONDENTS:
1. The State of Kerala represented by its Chief Secretary, Government of Kerala
Secretariat, Thiruvanathapuram.
2. The District Collector, Ernakulam.
3. The Commissioner of Police, Ernakulam.
4. Impresario Event Management India Ltd., represented by its Managing Director,
5th Floor, Chaithanya Building, Kochi.
WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
The humble Petitioner above named most respectfully submits as follows:
1. Petitioner is the National Council Member of the People’s Union for Civil Liberties. It is an organization engaged in taking public issues concerning violation of civil liberties, human rights and other such issues affecting the public. He is also the President of the People’s Union for Civil Liberties Unit of the Ernakulam District. He is a Lawyer in the High Court of Kerala and a person actively involved in social, environmental and human right issues.
2. Petitioner came across a news item of the 4th Respondent announcing to hold Miss Kerala Pageant 2009 on 31-7-2009 at Hotel Le Meridian, Ernakulam. A true copy of the news item published in the online edition of the Hindu daily is produced herewith and marked for reference as Exhibit-P1. The date of the event was subsequently changed to 5th August 2009. The programme targets young girls and women of Malayalee origin. The Rules and Regulations applicable for the Miss Kerala Pageant 2009 stipulating the eligibility and other conditions of the contestants was also published in the web site of the Miss Kerala Pageant. A true copy of the Rules and Regulations published by the organizers of the programme in the web site www.misskeral.net is produced herewith and marked for reference as Exhibit-P2.
3. As per Ext P2, the programme targets young girls and women of Malayalee origin aged between 16 to 24 with minimum height of 5 feet 2 inches. Entries for the regional auditions have been scheduled at Thiruvananthapuram, Kochi and Kozhikode. The contestants are required to submit a no objection certificate from their parents/guardian to the organizers on their arrival for participation. As per the rules, they are prohibited from talking to any media before, during and after the contest without the prior permission of the organizers. The contestants will not be permitted to have guardian during grooming. They should make themselves available for all press meets and photo/video shoots arranged by the organizers. The contestants cannot opt out after being selected for the finals.
4. As per Ext.P2 Rules and Regulations, the contestants should not take up any other assignments during the pre event and main event and should strictly follow the rehearsals and the grooming sessions. The applicant if wins the pageant should agree to participate in the Miss India Pageant or any such suitable pageant advised by the organizer and abide by the rules and regulations governing the pageant. If the applicants win Miss Kerala she should agree that she will not participate in any other pageant during the time that title is held unless authorized in writing by the organizer. The company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming.
5. It is further stated in the Rules and Regulations that the organizations are not responsible if the sponsors do not make good the prizes promised by them. It also stated in the rules and regulations that the organizers will not be responsible for any loss and/or physical injury to the applicant during their participation in the pageant and their participation will be their own risk and without any claim against the organizers whatsoever. It is further provided that in the event of any dispute the organizer’s decision will be final and binding.
6. It is submitted that theme of the Miss Kerala Pageant 2009 is ‘Beauty with a purpose’. As name indicates itself, the pageant is for show of beauty with a purpose which they have made it known by stipulating a clause in the Rules and Regulations that “the company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming.”
7. It is an event organized for exploiting girls and young ones for using their photographs and video footages for sale promotion and for other commercial benefits of the organizers without any liability or obligation to the participants whatsoever. Hence it is nothing but abuse of persons for commercial purpose. The casualty in the programmes of this nature is the dignity, honor and morality of the participants in particular and the society in general.
8. It is the constitutional obligation of the State under Article 39(f) to protect the childhood and youth against exploitation and against moral and material abandonment. The State has got a further obligation under Article 39(e) to ensure that the tender age of children are not abused and the citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. To aid and help the State in achieving these constitutional goals the constitution has made it as a fundamental duty on every citizen in Article 51A(f) to value and preserve the rich heritage of our composite culture and under Article.51A(e) to renounce practices derogatory to the dignity of women. What is going to happen is breach of these Constitutional obligations by the State and its citizens who organize the event.
9. The constitution has empowered the State under Article 15(3) of the Constitution of India to make special provisions for women and children so that this vulnerable class is not only protected from exploitation at the cost of their dignity, honor and moral values but also empower them for a dignified identity in the society. By Giving sanction to events such as Miss Kerala Pageant by the State and its machinery, the State would be failing not only in protecting the young women but also even the minor girls from being induced to participate in such programmes which expose them to a very vulnerable atmosphere where they may be or likely be forced or seduced to sexual exploitation. Therefore these events being immoral and an act of exploitation/abuse of women for commercial purposes, it is the constitutional obligation of the State to impose ban on such events by exercising its power under Article 15(3) of the Constitution of India.
10. In AIR 2002 SC 2235, the Supreme Court held that “Children need special care and protection. In such cases, responsibility on the shoulders of the courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility call for such protection. Children are the natural resource of our country. They are country's future. Hope of tomorrow rests on them. In our country, a girl child is in a very vulnerable position and one of the modes of her exploitation is rape besides other mode of sexual abuse.”
11. In AIR 1987 SUPREME COURT 656 "Sheela Barse v. Secretary, Children Aid Society", the Supreme Court has held thus:
“11. In recent years, children and their problems have been receiving attention both of the Government as also of the society but we must say that the problems are of such enormous magnitude that all that has been done till now is not sufficient. If there be no proper growth of children of today, the future of the country will be dark. It is the obligation of every generation to bring up children who will be citizens of tomorrow in a proper way. Today's children will be the leaders of tomorrow who will hold the country's banner high and maintain the prestige of the Nation, If a child goes wrong for want of proper attention, training and guidance, it will indeed be a deficiency of the society and of the Government of the day. A problem child is indeed a negative factor. Every society must, therefore, devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they could receive adequate training, education and guidance in order that they may be able to have their rightful place in the society when they grow up.”
12. As per the Majority Act, 1875, every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. In the Juvenile Justice (Care and Protection of Children) Act, 2000, "juvenile" or "child" means a person who has not completed eighteenth year of age. According to this Act "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence and "offence" means an offence punishable under any law for the time being in force. In the Immoral Traffic (Prevention)] Act, 1956, "minor" means a person who has completed the age of sixteen years but has not completed the age of eighteen years and the "prostitution" means the sexual exploitation or abuse of persons for commercial purposes, and the expression "prostitute" shall be construed accordingly. "Public place" under the said Act means any place intended for use by or accessible to, the public and includes any public conveyance. As per the Act “brothel" includes any house, room, conveyance or place or any portion of any house, room, conveyance or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more. A scrutiny of these Acts and its provisions speaks itself about the gravity of the offence committed by the organizers of the Miss Kerala pageant and other such shows including modeling.
13. The Hon’ble Supreme Court has struck a note examining the apathy of the state in the case reported in AIR 1990 SUPREME COURT 1412 "Vishal Jeet v. Union of India" Constitution of India, thus:
“In spite of these stringent and rehabilitative provisions of law under various Acts, it cannot be said that the desired result has been achieved. It cannot be gainsaid that a remarkable degree of ignorance or callousness or culpable indifference is manifested in uprooting this cancerous growth despite the fact that the day has arrived imperiously demanding an objective multi-dimensional study and a searching investigation into the matter relating to the causes and effects of this evil and requiring most rational measures to weed out the vices of illicit trafficking. This malady is not only a social but also a socio-economic problem and, therefore, the measures to be taken in that regard should be more preventive rather than punitive.”
14. One of the most important features of the Indian Constitution is morality. The right of the State to impose such restrictions as are desired or found necessary on grounds of decency, public order, health and morality is inbuilt in Articles 19(2), and 23. The ordinary dictionary meaning of 'decency' indicates that the action must be in conformity with the current standards of behaviour or propriety, etc. In Knuller (Publishing, Printing and Promotions) Ltd., v. Director of Public Prosecutions, (1972) 2 All ER 898, the meaning of 'indecency' was indicated as under:
''......... Indecency is not confined to sexual indecency; indeed it is difficult to find any limit short of saying that it includes anything which an ordinary decent man or woman would find to be shocking. Disgusting and revolting........''
15. The State and its machinery cannot brush aside events such as Miss Kerala Pageant without taking cognizance of the offence committed by the hosting of such events. Hosting of event like Miss Kerala Pageant itself is an offence punishable under Section 294 of the Indian Penal Code in as much as the parading of girls and young women in swim suits and other such costumes are obscene acts (actions offending accepted sexual morality of Indian ethos) and causing annoyance to the majority of the people who uphold morality due to their religious influence. Further the State is bound to take action against the organizations of such events who are inducing minor girls to participate in such events under the offer of attractive title such as Miss Kerala Pageant, with intent that such girls may be or knowing that it is likely to be forced or seduced to sexual exploitation, which is made punishable under the provisions of the Indian Penal Code.
16. The events such as Miss Kerala Pageant are the result of a criminal conspiracy to do an illegal act giving glamour to the event. It is an act that conceals the design of committing an offence punishable with imprisonment. The organizers of the Miss Kerala Pageant are guilty for abating offence punishable under Indian Penal Code. They abate an offence under Section 294 of the Indian Penal Code.
17. It is submitted that procuring or inducing or taking a person to exploit/abuse for commercial purpose is an offence punishable under the Immoral Traffic (Prevention) Act, 1956. The State has enacted Young Person – Harmful Publication Act, 1956 with a view to protect young persons from being corrupt. This being the policy of the State it is incomprehensible to see the State as a mute spectator against such events without taking cognizance of it .The organizers seize the opportunity in such events to photograph and make video footage of the young participants for sale promotions, advertising and live/recording programmes. In fact by permitting such events, the State is allowing its organizers to make wrongful gain causing wrongful lose. Such act / omission on the part of the State are highly reprehensible. Admittedly the organizers have to be booked under Section 292A of the Indian Penal Code.
18. It is submitted that the grooming session of the Miss Kerala Pageant have many sessions of parade in various costumes such as swim suits and evening gowns. The training include the contestant’s Poise and appearance, walking, standing, sitting, turning, entering and existing on the stage and off. These trainings are not aimed to enhance the dignity, honor and morale of the womanhood but acts of demeaning morals. The event takes place under an iron curtain and open only to selected few who confides the organizers.
19. The children are the future of the nation and their grooming should not be for show of bodies and its contours. Their grooming in an intellectual manner is necessary for building up a healthy nation imbibing qualities of morality and social values for preserving the pristine culture and heritage of this great nation. In the name of modernism, the younger generation of this country through organizing such events across the nation are being shown the western culture which is admittedly bereft of any social values and morality. The number of such events is increasing and the shows are going unchecked by the State, despite its constitutional obligation, with the result the young mind of the nation is now engulfed in Reality shows in the electronic media which has transcended all the limits posing great danger to the concept of family. To name one of such reality show, the reality shows now being telecasted in Star TV under the name ‘Such ka Samna’ is a classic example. It has recently triggered a controversy by the disclosure of high profiled celebrities proudly announcing in electronic media that they have sex outside the marriage and sex before the marriage. Such disclosures have even shocked their husbands and children. The glamorous title being a trap for the youngsters under the name of empowerment, it is the constitutional obligation of the state to ban such events that lead to exploitation of girls and young persons. Popularization of such events will even deprive the sense of morality that we have now and will accelerate the drifting of the society into sin/evil and will give way to a situation similar to the one leading to the scrapping of Section 377 IPC.
20. It is submitted that the public order, health and morality to which the constitution is committed is in doldrums and the majority of the Indian citizen finding helplessness to withstand the onslaught launched by the electronic media funded by the multinational companies. The State despite its constitutional obligations however is seen playing the role of a silent spectator without taking any effective measure .This justifies the intervention of the court.
In the circumstance, Petitioner, having regard to the importance of the issue involved, is compelled to approach this Hon’ble Court, in Public interest under Article 226 of the Constitution of India having left no other alternative remedy on the following among other:
GROUNDS
A. It is the constitutional obligation of the State under Article 39(f) to protect the childhood and youth against exploitation and against moral and material abandonment. The State has got a further obligation under Article 39(e) to ensure that the tender age of children are not abused and the citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. As per the Majority Act, 1875, every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. Miss Kerala Pageant scheduled on 5-8--2009 at Hotel Le Meridian, Ernakulam by the 4th respondent targets young girls and women of Malayalee origin aged between 16 to 24 with minimum height of 5 feet 2 inches. The grooming session of the Miss Kerala Pageant have many sessions of parade in various costumes such as swim suits and evening gowns .The training include the contestant’s Poise and appearance , walking, standing, sitting, turning, entering and existing on the stage and off. These trainings are not aimed to enhance the dignity, honor and morale of the womanhood but acts of demeaning morals. The event takes place under an iron curtain and open only to selected few who confides the organizers. As per Ext P2 Rules and Regulations the contestants are required to submit a no objection certificate from their parents/guardian to the organizers on their arrival for participation. The contestants will not be permitted to have guardian during grooming. They are even prohibited from talking to any media before, during and after the contest without the prior permission of the organizers. They should make themselves available for all press meets and photo/video shoots arranged by the organizers and the company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming. The theme of the Miss Kerala Pageant 2009 is ‘Beauty with a purpose’. As name indicates itself, the pageant is for show of beauty with a purpose which they have made it known by stipulating a clause in Ext P2 Rules and Regulations that “the company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming.” It is an event organized for exploiting girls and young ones for using their photographs and video footages for sale promotion and for other commercial benefits of the organizers. Hence it is nothing but abuse of persons for commercial purpose. The organizers are guilty of abusing the children below the age of 18 years and young women for commercial purpose. Miss Kerala Pageant event is an act that conceals the design of committing an offence punishable with imprisonment under Section 294 of the Indian Penal Code. The respondents 1 to 3 are bound to take action against the 4th respondent.
B. The State and its machinery cannot brush aside events such as Miss Kerala Pageant without taking cognizance of the offence committed by the hosting of such events. Hosting of event like Miss Kerala Pageant itself is an offence punishable under Section 294 of the Indian Penal Code in as much as the parading of girls and young women in swim suits and other such costumes are obscene acts (actions offending accepted sexual morality of Indian ethos) and causing annoyance to the majority of the people who uphold morality due to their religious influence. Further the State is bound to take action against the organizations of such events who are inducing minor girls to participate in such events under the offer of attractive title such as Miss Kerala Pageant, with intent that such girls may be or knowing that it is likely to be forced or seduced to sexual exploitation, which is made punishable under the provisions of the Indian Penal Code.
C. Procuring or inducing or taking a person to exploit/abuse for commercial purpose is an offence punishable under the Immoral Traffic (Prevention) Act, 1956. The State has enacted Young Person – Harmful Publication Act, 1956 with a view to protect young persons from being corrupt. This being the policy of the State it is incomprehensible to see the State as a mute spectator against such events without taking cognizance of it .The organizers seize the opportunity in such events to photograph and make video footage of the young participants for sale promotions, advertising and live/recording programmes and is committing offence punishable under Section 292A of the Indian Penal Code. In fact by permitting such events, the State is allowing its organizers to make wrongful gain causing wrongful lose. Such act / omission on the part of the State are highly reprehensible.
D. The children are the future of the nation and their grooming should not be for show of bodies and its contours. Their grooming in an intellectual manner is necessary for building up a healthy nation imbibing qualities of morality and social values for preserving the pristine culture and heritage of this great nation. In the name of modernism, the younger generation of this country through organizing such events across the nation are being shown the western culture which is admittedly bereft of any social values and morality. The glamorous title being a trap for the youngsters under the name of empowerment, it is the constitutional obligation of the state to ban such events that lead to exploitation of girls and young persons. Popularization of such events will even deprive the sense of morality that we have now and that ‘we the people of India’ resolved to uphold while adopting a Constitution for our sovereign State.
E. The State has enacted Young Person – Harmful Publication Act, 1956 with a view to protect young persons from being corrupt. This being the policy of the State it is incomprehensible to see the State as a mute spectator against such events without taking cognizance of it The public order, health and morality to which the constitution is committed is in doldrums and the majority of the Indian citizen finding helplessness to withstand the onslaught launched by the electronic media funded by the multinational companies. One of the most important features of the Indian Constitution is morality. The right of the State to impose such restrictions as are desired or found necessary on grounds of decency, public order, health and morality is inbuilt in Articles 19(2), and 23. The constitution has empowered the State under Article 15(3) of the Constitution of India to make special provisions for women and children so that this vulnerable class is not only protected from exploitation at the cost of their dignity, honor and moral values but also empower them for a dignified identity in the society. Therefore these events being immoral and an act of exploitation/abuse of women for commercial purposes, it is the constitutional obligation of the State to impose ban on such events by exercising its power under Article 15(3) of the Constitution of India.
F. By Giving sanction to events such as Miss Kerala Pageant by the State and its machinery, the State would be failing not only in protecting the young women but also even the minor girls from being induced to participate in such programmes which expose them to a very vulnerable atmosphere where they may be or likely be forced or seduced to sexual exploitation. These are the sources that lead our girls and young ones to immoral trades and finally brand them as fallen women. The state may have rehabilitation programme for fallen women and for their progeny but the action is desired in the direction to plug the loop holes including banning of such events which are more often alleged accused being the recruitment agencies.
For these and other grounds that may be urged at the time of hearing, it is most humbly prayed that this Hon’ble Court may be pleased to:
i) to declare that events such as Miss Kerala, Reality shows and such other events involving girls and young women are against the decency , morality, health and public order therefore are illegal;
ii) direct the Respondents 1 to 3 to appoint a panel to study the nature of such events, its impact on the young girls and young women and recommend measures to be taken by the government for protecting children and young women from being exploited for commercial purposes in the name of empowerment and liberty;
iii) issue a writ of mandamus or any other appropriate writ directing the Respondents 1 to 3 to ban the hosting of Miss Kerala 2009 by the 4th Respondent;
and
iv) pass such other writ, direction or order deemed necessary in circumstances of the case.
Dated this the 30th day of July, 2009.
P E T I T I O N E R:
W.P.(C) No. ___________ of 2009
PETITIONER:
P.K. Ibrahim, Advocate, aged 52 years, S/o. P.M. Kochu Mohammed, National Council Member, People’s Union for Civil Liberties, residing at ‘Al-Jannah’, I.S. Press Road, Ernakulam, Kochi – 18.
Vs.
RESPONDENTS:
1. The State of Kerala represented by its Chief Secretary, Government of Kerala
Secretariat, Thiruvanathapuram.
2. The District Collector, Ernakulam.
3. The Commissioner of Police, Ernakulam.
4. Impresario Event Management India Ltd., represented by its Managing Director,
5th Floor, Chaithanya Building, Kochi.
WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
The humble Petitioner above named most respectfully submits as follows:
1. Petitioner is the National Council Member of the People’s Union for Civil Liberties. It is an organization engaged in taking public issues concerning violation of civil liberties, human rights and other such issues affecting the public. He is also the President of the People’s Union for Civil Liberties Unit of the Ernakulam District. He is a Lawyer in the High Court of Kerala and a person actively involved in social, environmental and human right issues.
2. Petitioner came across a news item of the 4th Respondent announcing to hold Miss Kerala Pageant 2009 on 31-7-2009 at Hotel Le Meridian, Ernakulam. A true copy of the news item published in the online edition of the Hindu daily is produced herewith and marked for reference as Exhibit-P1. The date of the event was subsequently changed to 5th August 2009. The programme targets young girls and women of Malayalee origin. The Rules and Regulations applicable for the Miss Kerala Pageant 2009 stipulating the eligibility and other conditions of the contestants was also published in the web site of the Miss Kerala Pageant. A true copy of the Rules and Regulations published by the organizers of the programme in the web site www.misskeral.net is produced herewith and marked for reference as Exhibit-P2.
3. As per Ext P2, the programme targets young girls and women of Malayalee origin aged between 16 to 24 with minimum height of 5 feet 2 inches. Entries for the regional auditions have been scheduled at Thiruvananthapuram, Kochi and Kozhikode. The contestants are required to submit a no objection certificate from their parents/guardian to the organizers on their arrival for participation. As per the rules, they are prohibited from talking to any media before, during and after the contest without the prior permission of the organizers. The contestants will not be permitted to have guardian during grooming. They should make themselves available for all press meets and photo/video shoots arranged by the organizers. The contestants cannot opt out after being selected for the finals.
4. As per Ext.P2 Rules and Regulations, the contestants should not take up any other assignments during the pre event and main event and should strictly follow the rehearsals and the grooming sessions. The applicant if wins the pageant should agree to participate in the Miss India Pageant or any such suitable pageant advised by the organizer and abide by the rules and regulations governing the pageant. If the applicants win Miss Kerala she should agree that she will not participate in any other pageant during the time that title is held unless authorized in writing by the organizer. The company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming.
5. It is further stated in the Rules and Regulations that the organizations are not responsible if the sponsors do not make good the prizes promised by them. It also stated in the rules and regulations that the organizers will not be responsible for any loss and/or physical injury to the applicant during their participation in the pageant and their participation will be their own risk and without any claim against the organizers whatsoever. It is further provided that in the event of any dispute the organizer’s decision will be final and binding.
6. It is submitted that theme of the Miss Kerala Pageant 2009 is ‘Beauty with a purpose’. As name indicates itself, the pageant is for show of beauty with a purpose which they have made it known by stipulating a clause in the Rules and Regulations that “the company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming.”
7. It is an event organized for exploiting girls and young ones for using their photographs and video footages for sale promotion and for other commercial benefits of the organizers without any liability or obligation to the participants whatsoever. Hence it is nothing but abuse of persons for commercial purpose. The casualty in the programmes of this nature is the dignity, honor and morality of the participants in particular and the society in general.
8. It is the constitutional obligation of the State under Article 39(f) to protect the childhood and youth against exploitation and against moral and material abandonment. The State has got a further obligation under Article 39(e) to ensure that the tender age of children are not abused and the citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. To aid and help the State in achieving these constitutional goals the constitution has made it as a fundamental duty on every citizen in Article 51A(f) to value and preserve the rich heritage of our composite culture and under Article.51A(e) to renounce practices derogatory to the dignity of women. What is going to happen is breach of these Constitutional obligations by the State and its citizens who organize the event.
9. The constitution has empowered the State under Article 15(3) of the Constitution of India to make special provisions for women and children so that this vulnerable class is not only protected from exploitation at the cost of their dignity, honor and moral values but also empower them for a dignified identity in the society. By Giving sanction to events such as Miss Kerala Pageant by the State and its machinery, the State would be failing not only in protecting the young women but also even the minor girls from being induced to participate in such programmes which expose them to a very vulnerable atmosphere where they may be or likely be forced or seduced to sexual exploitation. Therefore these events being immoral and an act of exploitation/abuse of women for commercial purposes, it is the constitutional obligation of the State to impose ban on such events by exercising its power under Article 15(3) of the Constitution of India.
10. In AIR 2002 SC 2235, the Supreme Court held that “Children need special care and protection. In such cases, responsibility on the shoulders of the courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility call for such protection. Children are the natural resource of our country. They are country's future. Hope of tomorrow rests on them. In our country, a girl child is in a very vulnerable position and one of the modes of her exploitation is rape besides other mode of sexual abuse.”
11. In AIR 1987 SUPREME COURT 656 "Sheela Barse v. Secretary, Children Aid Society", the Supreme Court has held thus:
“11. In recent years, children and their problems have been receiving attention both of the Government as also of the society but we must say that the problems are of such enormous magnitude that all that has been done till now is not sufficient. If there be no proper growth of children of today, the future of the country will be dark. It is the obligation of every generation to bring up children who will be citizens of tomorrow in a proper way. Today's children will be the leaders of tomorrow who will hold the country's banner high and maintain the prestige of the Nation, If a child goes wrong for want of proper attention, training and guidance, it will indeed be a deficiency of the society and of the Government of the day. A problem child is indeed a negative factor. Every society must, therefore, devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they could receive adequate training, education and guidance in order that they may be able to have their rightful place in the society when they grow up.”
12. As per the Majority Act, 1875, every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. In the Juvenile Justice (Care and Protection of Children) Act, 2000, "juvenile" or "child" means a person who has not completed eighteenth year of age. According to this Act "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence and "offence" means an offence punishable under any law for the time being in force. In the Immoral Traffic (Prevention)] Act, 1956, "minor" means a person who has completed the age of sixteen years but has not completed the age of eighteen years and the "prostitution" means the sexual exploitation or abuse of persons for commercial purposes, and the expression "prostitute" shall be construed accordingly. "Public place" under the said Act means any place intended for use by or accessible to, the public and includes any public conveyance. As per the Act “brothel" includes any house, room, conveyance or place or any portion of any house, room, conveyance or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more. A scrutiny of these Acts and its provisions speaks itself about the gravity of the offence committed by the organizers of the Miss Kerala pageant and other such shows including modeling.
13. The Hon’ble Supreme Court has struck a note examining the apathy of the state in the case reported in AIR 1990 SUPREME COURT 1412 "Vishal Jeet v. Union of India" Constitution of India, thus:
“In spite of these stringent and rehabilitative provisions of law under various Acts, it cannot be said that the desired result has been achieved. It cannot be gainsaid that a remarkable degree of ignorance or callousness or culpable indifference is manifested in uprooting this cancerous growth despite the fact that the day has arrived imperiously demanding an objective multi-dimensional study and a searching investigation into the matter relating to the causes and effects of this evil and requiring most rational measures to weed out the vices of illicit trafficking. This malady is not only a social but also a socio-economic problem and, therefore, the measures to be taken in that regard should be more preventive rather than punitive.”
14. One of the most important features of the Indian Constitution is morality. The right of the State to impose such restrictions as are desired or found necessary on grounds of decency, public order, health and morality is inbuilt in Articles 19(2), and 23. The ordinary dictionary meaning of 'decency' indicates that the action must be in conformity with the current standards of behaviour or propriety, etc. In Knuller (Publishing, Printing and Promotions) Ltd., v. Director of Public Prosecutions, (1972) 2 All ER 898, the meaning of 'indecency' was indicated as under:
''......... Indecency is not confined to sexual indecency; indeed it is difficult to find any limit short of saying that it includes anything which an ordinary decent man or woman would find to be shocking. Disgusting and revolting........''
15. The State and its machinery cannot brush aside events such as Miss Kerala Pageant without taking cognizance of the offence committed by the hosting of such events. Hosting of event like Miss Kerala Pageant itself is an offence punishable under Section 294 of the Indian Penal Code in as much as the parading of girls and young women in swim suits and other such costumes are obscene acts (actions offending accepted sexual morality of Indian ethos) and causing annoyance to the majority of the people who uphold morality due to their religious influence. Further the State is bound to take action against the organizations of such events who are inducing minor girls to participate in such events under the offer of attractive title such as Miss Kerala Pageant, with intent that such girls may be or knowing that it is likely to be forced or seduced to sexual exploitation, which is made punishable under the provisions of the Indian Penal Code.
16. The events such as Miss Kerala Pageant are the result of a criminal conspiracy to do an illegal act giving glamour to the event. It is an act that conceals the design of committing an offence punishable with imprisonment. The organizers of the Miss Kerala Pageant are guilty for abating offence punishable under Indian Penal Code. They abate an offence under Section 294 of the Indian Penal Code.
17. It is submitted that procuring or inducing or taking a person to exploit/abuse for commercial purpose is an offence punishable under the Immoral Traffic (Prevention) Act, 1956. The State has enacted Young Person – Harmful Publication Act, 1956 with a view to protect young persons from being corrupt. This being the policy of the State it is incomprehensible to see the State as a mute spectator against such events without taking cognizance of it .The organizers seize the opportunity in such events to photograph and make video footage of the young participants for sale promotions, advertising and live/recording programmes. In fact by permitting such events, the State is allowing its organizers to make wrongful gain causing wrongful lose. Such act / omission on the part of the State are highly reprehensible. Admittedly the organizers have to be booked under Section 292A of the Indian Penal Code.
18. It is submitted that the grooming session of the Miss Kerala Pageant have many sessions of parade in various costumes such as swim suits and evening gowns. The training include the contestant’s Poise and appearance, walking, standing, sitting, turning, entering and existing on the stage and off. These trainings are not aimed to enhance the dignity, honor and morale of the womanhood but acts of demeaning morals. The event takes place under an iron curtain and open only to selected few who confides the organizers.
19. The children are the future of the nation and their grooming should not be for show of bodies and its contours. Their grooming in an intellectual manner is necessary for building up a healthy nation imbibing qualities of morality and social values for preserving the pristine culture and heritage of this great nation. In the name of modernism, the younger generation of this country through organizing such events across the nation are being shown the western culture which is admittedly bereft of any social values and morality. The number of such events is increasing and the shows are going unchecked by the State, despite its constitutional obligation, with the result the young mind of the nation is now engulfed in Reality shows in the electronic media which has transcended all the limits posing great danger to the concept of family. To name one of such reality show, the reality shows now being telecasted in Star TV under the name ‘Such ka Samna’ is a classic example. It has recently triggered a controversy by the disclosure of high profiled celebrities proudly announcing in electronic media that they have sex outside the marriage and sex before the marriage. Such disclosures have even shocked their husbands and children. The glamorous title being a trap for the youngsters under the name of empowerment, it is the constitutional obligation of the state to ban such events that lead to exploitation of girls and young persons. Popularization of such events will even deprive the sense of morality that we have now and will accelerate the drifting of the society into sin/evil and will give way to a situation similar to the one leading to the scrapping of Section 377 IPC.
20. It is submitted that the public order, health and morality to which the constitution is committed is in doldrums and the majority of the Indian citizen finding helplessness to withstand the onslaught launched by the electronic media funded by the multinational companies. The State despite its constitutional obligations however is seen playing the role of a silent spectator without taking any effective measure .This justifies the intervention of the court.
In the circumstance, Petitioner, having regard to the importance of the issue involved, is compelled to approach this Hon’ble Court, in Public interest under Article 226 of the Constitution of India having left no other alternative remedy on the following among other:
GROUNDS
A. It is the constitutional obligation of the State under Article 39(f) to protect the childhood and youth against exploitation and against moral and material abandonment. The State has got a further obligation under Article 39(e) to ensure that the tender age of children are not abused and the citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. As per the Majority Act, 1875, every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. Miss Kerala Pageant scheduled on 5-8--2009 at Hotel Le Meridian, Ernakulam by the 4th respondent targets young girls and women of Malayalee origin aged between 16 to 24 with minimum height of 5 feet 2 inches. The grooming session of the Miss Kerala Pageant have many sessions of parade in various costumes such as swim suits and evening gowns .The training include the contestant’s Poise and appearance , walking, standing, sitting, turning, entering and existing on the stage and off. These trainings are not aimed to enhance the dignity, honor and morale of the womanhood but acts of demeaning morals. The event takes place under an iron curtain and open only to selected few who confides the organizers. As per Ext P2 Rules and Regulations the contestants are required to submit a no objection certificate from their parents/guardian to the organizers on their arrival for participation. The contestants will not be permitted to have guardian during grooming. They are even prohibited from talking to any media before, during and after the contest without the prior permission of the organizers. They should make themselves available for all press meets and photo/video shoots arranged by the organizers and the company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming. The theme of the Miss Kerala Pageant 2009 is ‘Beauty with a purpose’. As name indicates itself, the pageant is for show of beauty with a purpose which they have made it known by stipulating a clause in Ext P2 Rules and Regulations that “the company has absolute right to use the photographs, interviews and video footages of the contestants for the sales promotion, advertising and live/recording programming.” It is an event organized for exploiting girls and young ones for using their photographs and video footages for sale promotion and for other commercial benefits of the organizers. Hence it is nothing but abuse of persons for commercial purpose. The organizers are guilty of abusing the children below the age of 18 years and young women for commercial purpose. Miss Kerala Pageant event is an act that conceals the design of committing an offence punishable with imprisonment under Section 294 of the Indian Penal Code. The respondents 1 to 3 are bound to take action against the 4th respondent.
B. The State and its machinery cannot brush aside events such as Miss Kerala Pageant without taking cognizance of the offence committed by the hosting of such events. Hosting of event like Miss Kerala Pageant itself is an offence punishable under Section 294 of the Indian Penal Code in as much as the parading of girls and young women in swim suits and other such costumes are obscene acts (actions offending accepted sexual morality of Indian ethos) and causing annoyance to the majority of the people who uphold morality due to their religious influence. Further the State is bound to take action against the organizations of such events who are inducing minor girls to participate in such events under the offer of attractive title such as Miss Kerala Pageant, with intent that such girls may be or knowing that it is likely to be forced or seduced to sexual exploitation, which is made punishable under the provisions of the Indian Penal Code.
C. Procuring or inducing or taking a person to exploit/abuse for commercial purpose is an offence punishable under the Immoral Traffic (Prevention) Act, 1956. The State has enacted Young Person – Harmful Publication Act, 1956 with a view to protect young persons from being corrupt. This being the policy of the State it is incomprehensible to see the State as a mute spectator against such events without taking cognizance of it .The organizers seize the opportunity in such events to photograph and make video footage of the young participants for sale promotions, advertising and live/recording programmes and is committing offence punishable under Section 292A of the Indian Penal Code. In fact by permitting such events, the State is allowing its organizers to make wrongful gain causing wrongful lose. Such act / omission on the part of the State are highly reprehensible.
D. The children are the future of the nation and their grooming should not be for show of bodies and its contours. Their grooming in an intellectual manner is necessary for building up a healthy nation imbibing qualities of morality and social values for preserving the pristine culture and heritage of this great nation. In the name of modernism, the younger generation of this country through organizing such events across the nation are being shown the western culture which is admittedly bereft of any social values and morality. The glamorous title being a trap for the youngsters under the name of empowerment, it is the constitutional obligation of the state to ban such events that lead to exploitation of girls and young persons. Popularization of such events will even deprive the sense of morality that we have now and that ‘we the people of India’ resolved to uphold while adopting a Constitution for our sovereign State.
E. The State has enacted Young Person – Harmful Publication Act, 1956 with a view to protect young persons from being corrupt. This being the policy of the State it is incomprehensible to see the State as a mute spectator against such events without taking cognizance of it The public order, health and morality to which the constitution is committed is in doldrums and the majority of the Indian citizen finding helplessness to withstand the onslaught launched by the electronic media funded by the multinational companies. One of the most important features of the Indian Constitution is morality. The right of the State to impose such restrictions as are desired or found necessary on grounds of decency, public order, health and morality is inbuilt in Articles 19(2), and 23. The constitution has empowered the State under Article 15(3) of the Constitution of India to make special provisions for women and children so that this vulnerable class is not only protected from exploitation at the cost of their dignity, honor and moral values but also empower them for a dignified identity in the society. Therefore these events being immoral and an act of exploitation/abuse of women for commercial purposes, it is the constitutional obligation of the State to impose ban on such events by exercising its power under Article 15(3) of the Constitution of India.
F. By Giving sanction to events such as Miss Kerala Pageant by the State and its machinery, the State would be failing not only in protecting the young women but also even the minor girls from being induced to participate in such programmes which expose them to a very vulnerable atmosphere where they may be or likely be forced or seduced to sexual exploitation. These are the sources that lead our girls and young ones to immoral trades and finally brand them as fallen women. The state may have rehabilitation programme for fallen women and for their progeny but the action is desired in the direction to plug the loop holes including banning of such events which are more often alleged accused being the recruitment agencies.
For these and other grounds that may be urged at the time of hearing, it is most humbly prayed that this Hon’ble Court may be pleased to:
i) to declare that events such as Miss Kerala, Reality shows and such other events involving girls and young women are against the decency , morality, health and public order therefore are illegal;
ii) direct the Respondents 1 to 3 to appoint a panel to study the nature of such events, its impact on the young girls and young women and recommend measures to be taken by the government for protecting children and young women from being exploited for commercial purposes in the name of empowerment and liberty;
iii) issue a writ of mandamus or any other appropriate writ directing the Respondents 1 to 3 to ban the hosting of Miss Kerala 2009 by the 4th Respondent;
and
iv) pass such other writ, direction or order deemed necessary in circumstances of the case.
Dated this the 30th day of July, 2009.
P E T I T I O N E R:
Subscribe to:
Posts (Atom)