PLEA IN ALLAHABAD HC AGAINST EKTA KAPOOR PRODUCTION HOUSE FOR INDECENT REPRESENTATION OF WIVES’ OF INDIAN ARMY OFFICERS AND DISRESPECTING ARMY UNIFORM
For seeking a blanket ban on web series “XXX-Season 2” which is streaming on the subscription-based video platform, a PIL has been filed in the Allahabad High Court for showing discourtesy towards the Indian Army and also for their uniforms. Brother-in-law of an Indian soldier named Aniruddha Singh had filed a petition for imposing a ban on the web series whose producer is Ekta Kapoor which is showing disregards towards the social reputation of army officers wives’.
As mentioned in the petition, the Indian Army’s Ex-Colonel’s wife is seen as an adulterer who ultimately pulls apart the Indian Army Uniform in an “erotic manner” in the 1rst episode of the web series. It was also stated in the plea that this show depicts and spread the message among viewers that wives of Indian Army Officers involve themselves in an affair with the person other than husband and commits adultery behind their husbands when they are on duty for the nation. The use of uniform of army officers in a web series as a cheap prop is an insult to it and also the sentiments attached to it. It is submitted that under the State Emblem of India(Prohibition of Improper Use) Act, 2005 and the Indecent Representation of Women(Prohibition) Act 1986, these types of representations are punishable and also an offense as per provisions provided under the Indian Penal Code and the Information Technology Act, 2000. It was further alleged that these type of representations are clearly derogatory of the regulation of the Supreme Court to block the transmission or publication in any electronic form of the material which is obscene, the transmitting of material which contains sexually explicit act or conduct and also transmitting or publishing of material which represents children in the sexually explicit act or conduct directly.
It was also stated by the petitioner that freedom of expression is a fundamental right but reasonable restrictions can be imposed on speech as per Article 19(2) of the Constitution must also be considered. It was submitted that in terms of Article 33 of the Constitution of India armed forces need differential treatment because they are in special service.
The plea further states while urging the court to stop the streaming of web series on ALT Balaji(online platform) and any other platform where it was supposed to be aired. In addition, the petitioner seeks that respondents should pay exemplary costs that may be deposited in the National Defense Fund for the deterrence, so as not to repeat these actions again in the future. It was also urged that a public apology to the Indian Army should be issued by the Respondents on public television and in a National newspaper also.