DECLARATION BY THE CANDIDATE I hereby declare that the dissertation entitled “Objectification and commodification of women in the visual media: A critical study” submitted at National Law University, Delhi is the outcome of my own work carried out under the supervision of Dr. Sushila, Assistant Professor (Law), National Law University, Delhi. I further declare that to the best of my knowledge, the dissertation does not contain any part of my work, which has been submitted for the award of any degree either in this University or in any other institution without proper citation. Vighnesh Balaji 27/ LLM /18 Place: New Delhi National Law University, Delhi Date: 23.05.19 I CERTIFICATE OF SUPERVISOR This is to certify that the work reported in the LL.M. dissertation titled “Objectification and Commodification of Women in the Visual Media: A Critical Study” submitted by Vighnesh Balaji at National Law University, Delhi is a bona fide record of his original work carried out under my supervision. Dr. Sushila Assistant Professor (Law) Place: New Delhi National Law University, Delhi Date: 23.05.19 II ACKNOWLEDGMENT First, and foremost I would like to thank my wonderful supervisor Dr. Sushila who has always believed in me and has provided me insightful suggestions and has been a constant pillar of support throughout the dissertation period. My father, for always trying to balance me, My sisters, for holding my back, my friends, to whom I owe the world, NLU-Delhi for teaching me much more than the prescribed syllabus. Last but never the least; I thank Lord Shiva with all my heart for my unconditional mother, Suseela Ravichandran who has always firmly believed that the odds have to favour me. Vighnesh Balaji III LIST OF ABBREVIATIONS % Percentage & And A.I.R All India Reporter ALL Allahabad High Court AP Andhra Pradesh Art. Article BLR Bengal Law Reports CAR Criminal Appeal Reporter Cr. L J. Criminal Law Journal Ed. Edition ILR Indian Law Reporter INDIA CONST. The Constitution of India, 1950 Mad. Madras Rs. Rupees SC Supreme Court SCC Supreme Court Cases Sept September v. Versus IV LIST OF CASES Ranjt. D. Udeshi v Union of India AIR 1965 SC 881 Samaresh Bose v Amal Mitra AIR 1986 SC 967 K.A.Abbas v Union of India (1970)2 SCC Samaresh Bose v. Amal Mitra, AIR 1986 SC 967. Maneka Gandhi v Union of India, AIR 1981 SC 746 Francis Coralie v Union of Territory of Delhi, AIR 1978 SC 597 Chandrakant kalyandas Kokodar vs. State of Maharastra and ors AIR (1970) 1396 Ranjit D. Udeshi vs. State of MaharastraAIR 1965 SC 881: (1965) 1 SCR 65. V TABLE OF CONTENTS TITLE Page Number DECLARATION BY THE CANDIDATE I CERTIFICATE OF SUPERVISOR II ACKNOWLEDGMENT III LIST OF ABBREVIATIONS 1V LIST OF CASES V TABLE OF CONTENTS VI-VIII INTRODUCTION 1 1.1 GENERAL BACKGROUND 1 1.2 STATEMENT OF PROBLEM 1 1.3 OBJECTIVES 2 1.4 RESEARCH QUESTIONS 2 1.5 RESEARCH METHODOLOGY 2 1.6 LITERATURE REVIEW 3 1.7 CHAPTERIZATION 4 CHAPTER 2- OBJECTIFICATION AND COMMODIFICATION OF 5 WOMEN 2.1 WHAT IS OBJECTIFICATION? 6 2.2 COMMODIFYING AN OBJECTIFIED WOMAN 7 2.3 HOW THIS SEEPS INTO THE SELF-PERCEPTION OF WOMEN 8 2.4 HOW THE MEDIA IS FAILING WOMEN 9 2.5 IGNORED, SEXUALISED AND COMMODIFIED 10 VI 2.6 A DIP IN SELF-ESTEEM AND A MYRIAD OF LOWS 11 2.7 WHEN IT GETS DANGEROUS 12 CHAPTER 3- IMPACT OF FILMS ON SOCIETY 14 3.1 GOING BEYOND FASHION FADS 17 3.2 ART IMITATES LIFE, LIFE IMITATES ART 17 3.3 HOW BOLLYWOOD INSTIGATES VIOLENCE 19 3.4 WHEN LYRICS CAN TRIGGER VIOLENCE 22 3.5 ITEM SONGS: NOT JUST MUSIC TO EARS 23 CHAPTER 4- HOW FILMS COMMODIFY WOMEN 26 4.1 HOW THE RAPE CULTURE GOT A GREEN SIGNAL EARLIER ON 27 CHAPTER 5- HOW ADVERTISEMENTS COMMODIFY WOMEN 30 5.1 WHEN YOU SELL THE WOMAN AND NOT THE PRODUCT 30 5.2 WHY ADS REINFORCE CLICHÉS 33 5.3 WHY SHOULD ADS UN-STEREOTYPE 34 CHAPTER 6- PROGRESSIVE FILMS 36 6.1 THE TRAILBLAZER WOMEN-CENTRIC MOVIES 36 6.2 FEMALE GAZE BREAKS THE MOULD 39 CHAPTER 7- PROGRESSIVE ADVERTISEMENTS 43 7.1 ADS THAT CLEAN UP THE GENDER CLUTTER 43 7.1.1 SHAVING OFF GENDER STEREOTYPES- GILLETTE 43 7.1.2 WHEN ADS GET THE REAL WOMEN-DOVE 44 7.1.3 BOLD IS BEAUTIFUL-MYNTRA 44 7.1.4 SHARE THE AD-ARIEL 44 7.1.5 ARRANGED MARRIAGE WITH A ‘CHANGE IS BEAUTIFUL’ TWIST- 45 BIBA VII 7.1.6 TITAN-HER LIFE, HER CHOICES 45 7.1.7 VICKS- TOUCH OF CARE 45 7.1.8 STAYFREE- FROM SEXISM 46 FEMVERTISING 46 7.2 THE NEW ADS RIDING ON FEMINISM CHAPTER 8- THE LEGAL FRAMEWORK 48 8.1 REPRESENTATION OF WOMEN WITH DIGNITY 48 8.2 WOMEN, OBSCENITY AND CENSORSHIP IN MOVIES 50 8.3 REGULATION OF TELEVISION CONTENT 52 8.3.1 CABLE TV AND CONTENT REGULATION 52 8.3.2 BROADCASTING AND SELF REGULATION 53 THE WAY FORWARD 55 BIBLIOGRAPHY 57-63 VIII CHAPTER-1 INTRODUCTION 1.1 GENERAL BACKGROUND The dissertation seeks to analyse the ways in which women have been depicted in the media and the corresponding effect in the Indian society. The present dissertation moves from the standpoint that the motivation of film making and advertisements should not just be profit making and greater emphasis should be placed on the responsibility owed by the media towards the society. The media has a considerable influence over the society and the manner in which women are depicted in films and advertisements plays a very important role in the way they are treated in the society. Conversely, the media also shows the stereotypical manner in which women are treated in the society and further reinforces the existing patriarchal setup. The role of the media is to not just play a single narrative of objectifying and treating women as a commodity. This depiction has in some cases been subtle and in some others it has been very explicit. The dignity of women has to be secured by the state under Article 51A(e) of the Indian Constitution which provides that the state should strive to renounce practices derogatory to the dignity of women. Section 292 of Indian Penal Code further provides the law prohibiting obscenity. We also have the Indecent Representation of Women Act which prohibits the publication containing indecent representation of women. The Press Council of India as well as the Advertising standards council of India also provide regulations regarding the same. But, the pertinent question we need to address is whether these laws are sufficient to address the grey area of objectifying and commodifying women in the visual media. 1.2 STATEMENT OF PROBLEM The present study focuses on the role of the media in influencing the society through films and advertisements. It analyses the effect of the media on the society and vice- versa. The main focus in this research has been in dealing with the objectification and 1 commodification of women in the media through stereotypical depictions. The detrimental sociological aspect of this phenomenon has been dealt with in depth. It further looks at legislations that regulate the media and whether it adheres to the same and provides an extensive research on the judgments of the Hon’ble Courts regarding laws for the same. Under this research, an effort has been made to provide solutions for improving the current scenario by providing socio-legal reforms wherever the researcher feels there is a lacunae. 1.3 OBJECTIVE OF THE STUDY The objectives of the study are:- 1. To understand the meaning of objectification and commodification of women. 2. To analyse the detrimental effect of the objectification and commodification of women in the media on society and vice-versa. 3. To study whether the legislations regulating the media are sufficient with regard to objectification and commodification of women. 4. To provide socio-legal reforms for addressing the objectification and commodification of women. 1.4 RESEARCH QUESTIONS 1. What are the detrimental effects of objectifying women? 2. How are women represented in advertisements and films? 3. How does objectification and commodification of women in films and advertisements affect their status in society? 4. What are the laws to regulate representation of women in the visual media? 1.5 RESEARCH METHODOLOGY Doctrinal method of research is adopted for the purpose of this research. Extensive study of newspapers, articles, books, films, advertisements, text reviews, statutes and case laws has been done. The present work is based on the above discussed material and is a genuine contribution to the research. 2 1.6 LITERATURE REVIEW (Irigaray 1985) talks about how a woman is traditionally a use-value for man, an exchange value among men, in other words, a commodity. As such, she remains the guardian of material substance, whose price will be established, in terms of the standard of their work and of their need/desire, by “subjects”: workers, merchants, consumers. He talks about how in ancient and medieval societies woman was regarded as a possession, a gift or trophy won in a contest, a space conquered or a luxury or treasure to be displayed. The contemporary manner of commodification is only a continuation of the treatment of woman in primitive capitalism. Once women were also included in a man’s wealth. The commodification of woman is a natural outcome of women’s subordination.1 (Kataria 2007) talks about the role of women in television. She focusses on the commodification of women in both advertisements as well as films.