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GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
STARRED QUESTION NO: 298
ANSWERED ON:  05.08.2022
Indecent Representation of Women
P.R. Natarajan
Will the Minister of



WOMEN AND CHILD DEVELOPMENT be pleased to state:-



(a) whether the Government is aware that the indecent representation or reference of women are growing year by year and if so, the details thereof;
(b) the number of cases registered/offenders booked under Indecent Representation of Women Act, 1986 during each of the last four years and current year, category-wise;
(c) the details of the offenders penalized in this regard during the said period, State/UT-wise and offence-wise;
(d) whether the Government has felt any need to amend the said Act further to increase the penal action; and
(e) if so, the details thereof and if not, the reasons therefor?



ANSWER


ANSWER

MINISTER OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI SMRITI ZUBIN IRANI)


(a) to (e): A Statement is laid on the Table of the House.


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STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. *298 FOR ANSWER ON 05.08.2022 ASKED BY SHRI NATARAJAN P.R. REGARDING ‘INDECENT REPRESENTATION OF WOMEN’

(a) to (e) : The National Crime Records Bureau (NCRB) publishes the data on crime against women which is available for the year upto 2020. The data published by NCRB pertaining to ''the Indecent Representation of Women (Prohibition) Act, 1986'' (IRWA) shows a declining trend. The number of cases registered under IRWA in the year 2019 were 24, as against 12 in the year 2020. State/ UT-wise cases registered and persons convicted under ‘the Indecent Representation of Women (Prohibition) Act, 1986'' during 2017-2020 are at Annexure. Category-wise & offence-wise details are not maintained.

Further, Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India and the responsibility for the prevention, detection, investigation and prosecution of crimes including cyber crimes through their Law Enforcement Agencies (LEAs). However, the central Government has also taken various legislative and schematic measures in this direction and also for supplementing the efforts of States/ UTs.

Besides, ‘the Indecent Representation of Women (Prohibition) Act, 1986'', the indecent representation of women, both in print and electronic media, is regulated under various other Acts and Rules/ guidelines, such as ‘the Indian Penal Code, 1860’, ‘the Cinematograph Act, 1952’ and ‘the Cinematograph (Certification) Rules, 1983’ and the guidelines issued thereunder to check obscenity in films, ‘the Press Council Act, 1978’, ‘the Programme and Advertising Code’ prescribed under ‘the Cable Television Network Rules, 1994’; the Code for Self Regulation in Advertising of the Advertising Standards Council of India; the Content Certification Code by Broadcasting Content Complaints Council; the Self-Regulation Guidelines by News Broadcasters Association (NBA). The enactment of ‘the Information Technology Act, 2000’ also covers indecent representation of women in electronic media including digital/ online media (films and audio-visual programmes made available by online content providers and news and current affairs content on online platforms).

In order to provide and equipped ecosystem for tackling all types of cyber crimes in the country, in a coordinated and comprehensive manner, the Government has set up the ‘Indian Cyber Crime Coordination Centre (I4C) under Ministry of Home Affairs (MHA). MHA has implemented a scheme namely ‘Cyber Crime Prevention against Women and Children (CCPWC)’ under which an online Cyber Crime reporting portal (www.cybercrime.gov.in) has been set up to enable public to report complaints pertaining to Child Pornography/ Child Sexual Abuse Material, rape/ gang rape imageries or sexually explicit content. The portal facilitates the State/ UTs to view complaints of Cyber Crime online and take appropriate action.

Recently, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified under the IT Act, specifies that the intermediaries shall inform the users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that is, inter alia, obscene, pornographic, paedophilic, harms minor in any way; or violates any law for the time being in force; etc.
In addition, to strengthen the mechanism to deal with cyber crimes in a comprehensive and coordinated manner, the Central Government has taken steps for spreading awareness about cyber crimes; issuance of alerts/advisories; capacity building/ training of law enforcement personnel/ prosecutors/ judicial officers; improving cyber forensic facilities; etc.

These steps help to prevent such cases and speed up investigation and have collectively created a robust system targeted at ensuring a safe cyberspace for women including preventing indecent representation of women through any media platform. Therefore, in order to avoid multiplicity and ensure homogenous smooth functioning of the existing ecosystem, there is no proposal under consideration for amendment in IRWA.
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ANNEXURE

ANNEXURE REFERRED TO IN REPLY TO PART (a) to (e) OF THE LOK SABHA STARRED QUESTION NO.*298 FOR ANSWER ON 05.08.2022 ASKED BY SHRI NATARAJAN P.R. REGARDING ‘INDECENT REPRESENTATION OF WOMEN’

State/ UT-wise Cases Registered (CR) and Persons Convicted (PCV) under The Indecent Representation of Women (Prohibition) Act, 1986 during the years 2017-2020

SL State/UT 2017 2018 2019 2020
CR PCV CR PCV CR PCV CR PCV
1 Andhra Pradesh 2 0 0 0 0 0 0 0
2 Arunachal Pradesh 1 0 0 0 0 0 0 0
3 Assam 0 0 0 0 0 0 0 0
4 Bihar 0 0 0 0 1 0 0 0
5 Chhattisgarh 0 0 1 0 0 0 0 0
6 Goa 0 0 0 0 0 0 0 0
7 Gujarat 0 0 0 0 0 0 2 0
8 Haryana 0 0 0 0 0 0 0 0
9 Himachal Pradesh 1 0 0 0 0 0 0 0
10 Jharkhand 0 0 0 0 0 0 0 0
11 Karnataka 1 0 1 0 0 0 1 0
12 Kerala 4 1 1 2 7 0 3 12
13 Madhya Pradesh 1 0 0 0 0 0 0 0
14 Maharashtra 0 0 1 0 0 0 0 0
15 Manipur 0 0 0 0 0 0 0 0
16 Meghalaya 0 0 0 0 0 0 0 0
17 Mizoram 0 0 0 0 0 0 0 0
18 Nagaland 0 0 0 0 0 0 0 0
19 Odisha 2 0 3 0 6 0 3 0
20 Punjab 4 0 1 0 1 0 0 0
21 Rajasthan 6 12 7 7 5 6 0 3
22 Sikkim 0 0 0 0 0 0 0 0
23 Tamil Nadu 2 0 4 0 2 0 3 0
24 Telangana 0 0 0 0 0 0 0 0
25 Tripura 0 0 0 0 0 0 0 0
26 Uttar Pradesh 0 0 3 0 1 0 0 0
27 Uttarakhand 0 0 0 0 0 0 0 0
28 West Bengal 0 0 0 0 1 0 0 0
TOTAL STATE(S) 24 13 22 9 24 6 12 15
29 A&N Islands 0 0 0 0 0 0 0 0
30 Chandigarh 0 0 0 1 0 0 0 0
31 D&N Haveli and Daman & Diu+ 0 0 0 0 0 0 0 0
32 Delhi 1 0 0 0 0 1 0 0
33 Jammu & Kashmir* 0 0 0 0 0 0 0 0
34 Ladakh 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0
TOTAL UT(S) 1 0 0 1 0 1 0 0
TOTAL (ALL INDIA) 25 13 22 10 24 7 12 15
+Combined data of erstwhile UT of Dadra & Nagar Haveli and UT of Daman & Diu
*Including Ladakh for the year upto 2019
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