<div>What is the cause of repeated incidence of sexual violence against women in India? Is it socio-economic disparity, lack of education, lack of opportunity, or patriarchy? In the male psyche, is rape the natural consequence of enforcing a right, privilege or entitlement? Is the label of crime attached to rape appropriate or an aberration of populist urban sentiment? Did nature give a womsn a right to decline a male’s amorous overtures? Should customs and norms be brought in to contain the raging hormones of a sexually active Indian male? What visual image should an Indian male have while masturbating? <br /><br />Should he be punished for seeking this image in the real world when his mother made him believe he can have all he desires? <br /><br />The recent gangrape in Delhi draws our attention to safety and women’s rights, such as a right to decline an offer of sex. Justice J.S. Verma, in his report, beseeches the government to improve governance and ensure the safety of women in India. But does the onus only lie with the government? Is not there also an onus on influencers of male fantasy? <br /><br />India is too diverse to be categorised as a uniform jurisdiction. Yet, every resident unapologetically seeks the glitz and glamour that its media brings forth. Be it Bollywood (or its regional avatars) or TV, or now the Internet, media is all-pervasive, and influences the human mind.<br /><br />The role of advertising is apparent to all of us. Since there is competition, use of unfair and improper means to attract consumption is common, including women being used as sexual objects to sell a product. It is irrelevant whether displaying a woman, or a part of her, in the advertisement is germane to the product or not. While there are laws governing all trades, can these laws, rules and regulations take away the advertiser’s right to practice his profession, trade and calling, all guaranteed by the Constitution? Is it a crime for an advertiser to aim for profits?.<br /> <br />The Advertising Standards Council of India (ASCI) has formulated a code for self-regulation in advertising. One of the fundamental principles of advertising, according to the code, is to be truthful and honest, the other being to adhere to generally accepted standards of public decency. So should a storyboard for a male deodorant — as Shaina says — depicting an unconditional surrender of the female to the male fantasy be considered violative of these fundamental principles? Who audits a depiction for violation? Who is the custodian of morality? <br /><br />Next, the Indian Penal Code, 1860 (‘IPC’) punishes ‘obscenity’. Wonder of wonders, India also has a specific statute called the Indecent Representation of Women (Prohibition) Act, 1986 (‘IRW Act’), which prohibits the ‘indecent representation of women’ in advertisements. ‘Indecent representation of women’ is defined as ‘the depiction in any manner, of the figure of a woman, her form or body or any part thereof, in such a way as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or morals.’ But seemingly, ads such as the girl-leaving-hostel-in-bedsheet, or so many others, have not been classified as inappropriate, since referrals to the IRW Act are too few to be even counted. Once again, who defines ‘indecent’? Or has ‘indecent’ been negotiated?<br /><br />Then, are the Justice Verma report, truth in advertising, IPC and the IRW Act doomed for failure? They are pitted against formidable enemies: the primitive and easily excitable male desire; governance skewed in favour of profit making; the Indian mother’s indoctrination of her son to make him believe that he is invincible and capable of subjugating anyone; the woman who mindlessly allows her body to be used in the name of ‘professional requirements’. <br /><em><br />The author is a Bangalore-based corporate lawyer and a senior partner at the law firm J. Sagar Associates. He also teaches at law schools and executive education programmes</em><br /><br />(This story was published in Businessworld Issue Dated 25-03-2013)</div>
