Condom Ad Featuring Garba Not Obscene: Court

| Updated: December 29, 2022 8:06 pm

The Madhya Pradesh High Court has ruled that condom advertisements featuring a couple performing the traditional Gujarati dance form ‘Garba’ will not be considered obscene. An FIR filed against a pharmacist for allegedly posting advertisements on social media and WhatsApp was recently dismissed by the court.

A criminal case filed against the CEO of a pharmaceutical company for allegedly infringing on religious sentiments by depicting garba to a couple in a condom advertisement has been dismissed. After seeing the advertisement, Judge Satyendra Kumar Singh stated that the company’s intention was not to offend any religious group, but rather to promote the product.

As a result, the court quashed the FIR, charge sheet, and subsequent criminal proceedings before Judicial Magistrate First Class, Indore, assuming that the offence under Sections 295-A, 505 IPC, and 67 IT Act did not occur.

Based on the order, the petitioner, who owns a pharmacy in Indore, belongs to the Hindu community, and while he posted it from his mobile number without concealing his identity, it appears that his intention was only to promote his company’s products and not to hurt the religious sentiments of any community.

The counsel, on the other hand, told the court that the content of the picture posted offended the Hindu community’s religious sentiments. Such advertisements during Navratri reflect the applicant’s criminal intent. In such a case, no help should be given to him.

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