The Hindu : Tamil Nadu News : “Condoms cannot be marketed with obscene visuals”

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Friday, Jul 25, 2008
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Tamil Nadu

Tamil Nadu

“Condoms cannot be marketed with obscene visuals”

Staff Reporter

MADURAI: Condom manufacturers cannot market their products “indiscriminately” with obscene visuals either on the wrapper or in advertisements issued in print/visual media, the Madras High Court ruled on Thursday.

Disposing of a public interest litigation petition filed before the Madurai Bench, Chief Justice A.K. Ganguly and Justice P. Jyothimani ordered that all such marketing activities be certified by the Advertising Standards Council of India (ASCI). They also made it clear that the certification should be issued in accordance with Article 51A (f) of the Constitution, which stipulates that it is the fundamental duty of every citizen to value and preserve the rich heritage and composite culture. The right to carry on business, protected under Article 19(1) (g) of the Constitution, also prescribes that such right was subject to reasonable restrictions that could be imposed in the interest of decency and morality, the Judges said.

“It is, however, difficult for this court to fix standards of decency and morality,” the First Bench observed, and said the ASCI, a self-regulatory voluntary organisation of the advertising industry, would be in a better position to deal with such issues.

The orders were passed after hearing the Assistant Solicitor General of India C. Arul Vadivel on behalf of the Centre. Condom manufacturers TTK-LIG, J.K. Ansell, Hindustan Latex and Pashupathi Seohung were also listed as respondents to the PIL.

C. Ravikumar, a businessman from Madurai, filed the PIL seeking a direction to ban obscene pictures on packages and advertisements of condoms. Such pictures created a wrong impression about condoms, primarily medical products and not inducers of sexual desire, he said.

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