Condom advertisement showing couple playing Garba not obscene: Madhya Pradesh High Court

Single-judge Justice Satyendra Kumar Singh gave the order after examining the social media post against which objection was raised.

Madhya Pradesh High Court has dismissed a First Information Report (FIR) lodged against a pharmacist over a condom ad that featured a couple playing the traditional Gujarat dance Garba. The High Court noted that the advertisement will not amount to obscenity. The pharmacist had posted the advertisement on social media and WhatsApp. 

Single-judge Justice Satyendra Kumar Singh examined the social media post against which objection was raised. The post featuring a couple playing Garba was aimed at promoting 'Pre Loveratri Weekend Offer - Condoms (pack of 3) or a Pregnancy Test Kit at INR 0.

The High Court noted in its order that the pharmacist is from Indore and there is nothing on record, except the post, to indicate that he intended to hurt the religious sentiments. The court also took into consideration that the pharmacist himself belongs to the Hindu community, and emphasised on the fact that he posted it from his own mobile number without concealing his identity. "It appears that his intention was just to promote the product of his company and not to hurt the religious feelings and sentiments of any community," the court noted.

According to Bar and Bench, the court also rejected the argument that the advertisement was obscene.

"Upon perusal of the alleged post, it is apparent that the contents of the same are not obscene hence, ingredients of Section 67 of the Information Technology Act are also not fulfilled. In view of the above, allowing the prosecution to continue the case would amount to abuse of the process of Court, therefore, it is necessary to quash the proceedings," the court said in its order.

The complainant in the case had claimed that his religious sentiments were hurt by the said Ad.