Erotic pictures on covers of condom packs? Eeks, thought the Madras High Court and virtually banned such pictures on condom packets, terming them as "indecent, obscene" and an affront to Indian ethos. But thankfully, the Supreme Court is not retrograde. It has stayed the lower court's order.
The Times of India has details on the case:[Link]
The HC order had left Hindustan Latex, the largest manufacturer and marketer of contraceptives and condoms, so worried that it requisitioned the services of solicitor general G E Vahanvati to get it out of the sticky situation. Other private condom manufacturers were more than eager to join hands with the PSU in appealing against the HC order. The SG said, "To promote the usage of condoms in a customer friendly manner, Hindustan Latex has adopted the strategy of attractive sales and marketing policy, which has resulted in remarkable sales."
The Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal was quick to fathom the importance of the matter and the need to encourage use of condoms in a country battling against AIDS.
The Bench wasted no time in staying the HC's July 24 order , which had directed the Advertising Standard Council of India to scrutinise the 'sexy pictures ' circulated with condom packets and had ordered that no picture would be carried on condom packets without the council okaying it.
The films promoting condom sales also had come under the HC scanner. It had asked the Censor Board to discharge its duties while clearing films for condom promotion.
The PSU, in its appeal before the SC, said, "The HC failed to appreciate that pictures on the packets of condoms manufactured by foreign companies are more explicit but are being legally imported and sold in India and the pictures on the packages of such condoms are neither considered indecent nor obscene."
Defending the pictures on its products, Hindustan Latex said, "On the retail packs, only a part of the picture is visible to the general public and the entire picture would only be visible to the person buying and opening the packets, which in any event are made available only to adults."
Well, one wonders who can think of selling condoms without talking of sex.
