To
The
Officer in Charge
Ministry of Information & Broadcasting
Content Regulator for Television in India
Ministry of Information & Broadcasting
Content Regulator for Television in India
Dear
Sir,
I
introduce myself as an advocate registered with Tamilnadu Bar Council and Bar
Council of India (Regn no 87/2013).
After
watching "The Kapil Sharma Show" on Sony Television aired at 21 hrs,
I am deeply pained by the insensitivity, depravity and immorality apart from
illegality of making a mockery of Transgenders in India. The show through its depraved jokes on
Transgender seeks to deepen the prejudice that is already existing against them
in India and also grossly disrespects the Judgement of Supreme Court in the
case of National Legal Services Authority v. Union of India 2014 which has
granted them the status of third gender.
In light
of the above, I wish to protest and lodge my complaint against the same.
1. I am inclined to believe that you are
cognizant that the Supreme Court of India in the above stated judgement has affirmed
that the fundamental rights granted under the Constitution of India will be
equally applicable to transgender people, and gave them the right to
self-identification of their gender as male, female or third-gender. The Court has inter-alia also held that transgender
people as a socially and economically backward class entitled to reservations
in Education and Job, and also directed union and state governments to frame welfare
schemes for them.
2. I am
inclined to believe that you are cognizant that the court in clearest of terms
has issued directions to Centre and State Governments to take steps to create
public awareness so that Transgender people will feel that they are also part
and parcel of the social life and not be treated as untouchables and take
measures to regain their respect and place in society; and seriously address
the problems such as fear, shame, gender dysphoria, social pressure,
depression, suicidal tendencies and social stigma (quoted verbatim from the
judgement). In light of the above, the
highest court of the land has noted that these declarations are to be read in
light of the Ministry of Social Justice and Empowerment Expert Committee Report
on Issues Relating to transgender people.
4. I am
also inclined to believe that you are cognizant that the Rajya Sabha has
already passed the Rights of Transgender Persons Bill, 2014 guaranteeing rights
and entitlements, reservations in education and jobs (2% reservation in
government jobs), legal aid, pensions, unemployment allowances and skill
development for transgender people.
5. The
said bill also contains various provisions to prohibit discrimination in
employment, prevent abuse, violence and exploitation of transgender
people.
6. I
also refer to IBF content code regulations and certification rules 2011 under
Theme 5 clause 2 where it is stated that “the subject-matter treatment of any
program under all categories shall not in any manner Incite disharmony,
animosity, conflict, hatred or ill will between different religious, racial,
linguistic groups, castes or communities”.
The Applicant submits that the Transgender Community constitutes a
community in its own right and the afore-stated show by making mockery of the
Transgender seeks to incite animosity, hatred and ill-will against the
group.
7. The
position of public discrimination is a global problem and the same is supported
by various research reports in India and abroad including but not limited to United
nation development report, Human rights watch etc. The prejudice suffered by them on a day to
day basis is supported by mountains of research evidence and various judgements
of high-courts and supreme courts whose references would exceed the content
limit on this form.
8. I would like to end this letter with a single
question. "Do you agree that
Transgender have a right to live a life of dignity which is guaranteed to all
Indian citizens under the Indian Constitution?", if you agree then should
program like the Kapil Sharma show be allowed to make mockery of Transgenders
thereby deepening existing social prejudice in India?
9. In light of the above, I urge you to act and issue notice seeking modification in their content to prevent propagation of prejudice to Transgender community in India.
9. In light of the above, I urge you to act and issue notice seeking modification in their content to prevent propagation of prejudice to Transgender community in India.
Yours
faithfully
(Imran
Hussain)
