Condom advertisement that featured a couple playing 'Garba' is not obscenity - Madya Pradesh HC

Case: Mahendra Tripathi vs State of Madhya Pradesh

While quashing a First Information Report (FIR) lodged against a pharmacist for posting the advertisement on social media and WhatsApp, the Madhya Pradesh High Court ruled that a condom advertisement that featured a couple playing 'Garba' is not obscenity.

Justice Satyendra Kumar Singh reviewed the advertisement, which stated - Pre Loveratri Weekend Offer - Condoms (pack of three) or a Pregnancy Test Kit at INR 0 - depicting a couple playing Garba.

A petition was filed by Mahendra Tripathi, seeking to quash the FIR filed against him under Sections 505 (public mischief) and 295A (hurting religious sentiments) of the Indian Penal Code (IPC), as well as the Information Technology Act.

An ad posted by Tripathi during Navratri in October 2018 offered couples free condoms and pregnancy tests. Using a picture of a couple playing Garba, he posted the ad on Facebook and WhatsApp groups.

As a Hindu, the complainant claimed that the advertisement hurt his religious sentiments.

As a Hindu, Tripathi argued that he had no intention of inciting enmity between religious groups or hurting religious sentiments. As various condom companies came up with promotional offers during the Garba period, he claimed he posted the ad only in good faith to lure customers.

Similar relief was granted to Salman Khan during the Navarati festival for releasing his movie 'Loveratri' during the festival, as the Bench noted in its order.

Consequently, the Bench quashed the FIR and the subsequent criminal proceedings.