New Delhi: Sharing
porn or obscene videos online or through multimedia messaging
services (MMS) may soon attract a prison term up to seven years
and a maximum fine of Rs.500,000, the government proposed
Thursday.
These stringent punishments are part of the amendments proposed in
the Indecent Representation of Women (Prohibition) Act, 1986 (IRWA)
that were approved by the union cabinet, ahead of the legislation
being sent to parliament for making it the law of the land.
The amendments to the IRWA seek to increase the fine and jail
term, apart from expanding its scope to include audio-visual and
electronic media within its ambit. The law, at present, is
applicable only to the print media.
"The union cabinet today (Thursday) approved the introduction of
amendments to the Indecent Representation of Women (Prohibition)
Act, 1986 in parliament," a government release said soon after the
cabinet met here under the chairmanship of Prime Minister Manmohan
Singh.
Among the key amendments proposed are broadening the scope of the
law to cover the audio-visual media and material in electronic
form, the release said.
The government said the amendments sought to ensure that more
effective protection is provided against indecent representation
of women by covering newer forms of communication like Internet
and multimedia messaging, beyond the print and audio-visual media.
"This would aid in addressing the problem of increased
objectification of women thereby ensuring dignity of women," the
release said.
Under the amended law, penalties will be enhanced to a maximum of
three years of imprisonment and fine between Rs.50,000 and
Rs.100,000 for first conviction.
A second conviction under the law will invite an imprisonment of
not less than two years, but which may extend to seven years, and
a fine between Rs.100,000 and Rs.500,000.
Police officers not below the rank of inspectors will be
authorised to carry out searches and seizures under the law, in
addition to state and central government officers authorised by
the state or central government.
The IRWA focuses on indecent representation of women and brings
under its ambit references that are derogatory to the dignity of
women.
The IRWA was enacted with the specific objective of prohibiting
the indecent representation of women through advertisement,
publication, writing, and painting or in any other manner, but
restricted to the print media.
However, technological revolution over the years has resulted in
the development of newer forms of communication such as Internet
and satellite-based communication, multi-media messaging, and
cable television.
"It has, therefore, become imperative to widen the scope of the
law so as to cover such forms of media, on one hand, and to
strengthen the existing safeguards to prevent indecent
representation of women through any such form," the release said.
The government felt that "though IRWA was enacted with the
objective of prohibiting indecent representation of women in any
advertisement or publication, the existing legislation lacked the
focus that is necessary to protect women from exploitation,
particularly in the face of the increasing use of advanced
technology and communication devices in our everyday life."
"It was felt that the scope of the Act may need to be amended.
Extensive consultations have been held with stakeholders,
including lawyers and civil society organisations, on the draft
bill, before its finalisation," it added.
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