Letter to Ministry of Information and Broadcasting on Kapil Sharma Show

To

The Officer in Charge
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.

Yours faithfully

(Imran Hussain)