Condom Ad Featuring Couple Playing Garba Not Obscene: MP High Court

An Indore-based pharmacist allegedly tried to hurt the religious sentiments of people by posting condom ads online during Navratri season that featured the picture of a couple playing Garba. An FIR was filed against him which was heard by Madhya Pradesh High Court.

According to reports, an Indore-based pharmacist Mahendra Tripathi filed a petition in Madhya Pradesh High Court to quash the FIR that was filed against him under Information Technology Act's Sections 295A ( for hurting religious sentiments) and 505 (for public mischief). The FIR was filed because of a condom advertisement that he posted on Whatsapp and social media in 2018 for free pregnancy kits and condoms during the Navratri festival and used a picture of a Garba playing couple on it. Reportedly, a single-judge High Court bench consisting of Justice Satyendra Kumar Singh quashed the FIR and said that the advertisement was not obscene.

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Condom Ad Featuring Garba Playing Couple

The High Court clarified Mahendra Tripathi's intentions behind the post and in the order released, the court reportedly said that the Indore-based pharmacist only aimed to grab the attention of the customers during the festival season. In favour of its argument, the court said that since there was no proof regarding his intentions except the ad he posted online. Considering the fact that the pharmacist is himself a Hindu and posted the ad with his original number, without concealing his identity, the court claimed that the purpose of the post was to promote the product and nothing else.

Cancelling the arguments of the complainant who claimed that the post hurt his religious sentiments, the Court said, "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 post that was in question read, "Pre Loveratri Weekend Offer - Condoms (pack of 3) or a Pregnancy Test Kit at INR 0" and featured a couple playing couple as an illustration. The court also referred to the judgement of the Supreme Court on Salman Khan's film Loveratri which was released during Navratri and was given a similar relief.