FELIX Vs. GANGADHARAN

JUDGEMENT

(1.) A citizen, seemingly sensitive and scrupulous, cries foul at, what he terms, the Society's moral decadence. He draws our attention to the Ext.P1 cover page of a magazine depicting a mother feeding her baby, exposing her bosom. The caption reads "VERNACULAR MATTER " which translates to "Don't stare, we have to breastfeed".

(2.) According to Felix M A, the petitioner, it offends Sections 3(c) and 5(j), III of Protection of Children from Sexual Offences Act and Rules, as well as Section 45 of the Juvenile Justice Act. He has also roped in Sections 3 and 4 of Indecent Representation of Women (Prohibition) Act, 1986, and Article 39(e) and (f) of the Constitution of India.

(3.) "Shocking one's morals" is an elusive concept, amorphous and protean. What may be obscene to some may be artistic to other; one man's vulgarity is another man's lyric, so to say. Therefore, we can only be subjective about Ex.P1 magazine cover depiction.