Bombay Begums controversy: NCPCR asks I and B Ministry to situation instructions to Netflix

On Friday (March 26), the National Commission for Protection of Child Rights (NCPCR) wrote a letter [pdf] to the Information and Broadcasting (I&B) Ministry in search of issuance of instructions to Netflix for the elimination of inappropriate scenes from the ‘Bombay Begums’ net collection. The contentious present has come underneath social media criticism over its obscene portrayal of minor youngsters.
The letter addressed to I & B Ministry Chief Secretary Vikram Sahay identified that NCPCR obtained complaints from 2 Twitter handles towards the ‘Bombay Begum’ collection for showcasing minor youngsters snorting medicine and taking indecent selfies in school rooms. The Commission reiterated that glorifying such acts by means of media platforms and OTTs goes towards the legal guidelines meant for the safety and welfare of youngsters.
NCPCR argued that such vicious content material has the potential to create a ‘negative impression’ within the tender minds of younger youngsters and result in a rise in youngster abuse and exploitation. “Any act of aforesaid nature cannot be permissible and hence the step should be taken to stop such publication at the earliest,” it stated. As such, NCPCR took cognisance of the matter underneath the Commission for Protection of Child Rights Act (CPCR), 2005.
NCPCR factors out objectionable scenes within the Bombay Begums collection
“It is pertinent to mention that in one of the scenes, a minor girl was smoking cigarette which is violation of Section 77 of JJ Act, 2015,” the Commission identified. It stated that in its earlier letter dated March 16, NCPCR has requested inquiry and lawful motion from the Ministry of Information and Broadcasting towards such an outline. However, it didn’t obtain any reply from the Ministry.
“Any such depiction or presentation, which could be a threat for any child’s interest cannot be permissible in the garb of creativity,” the letter emphasised. It identified that the collection is supposed for viewers above the age of 18 aka adults however youngsters have been getting used to depict storylines and collaborating in prohibited acts corresponding to consumption of medication.
NCPR famous, “In the opinion of the Commission, the ingredient to inhale by the child artist is relevant upto the extent of determining law applicable on that child but acting to do any prohibited act, which can be viewed as the prohibited act affects all of that child artist’s age and the consent of the parent of that child artist cannot save makers/ publishers of that act from the offence against children.”
NCPCR requires verification of the age of women in net collection, highlights the problem of bullying
The Commission identified one other scene from the online collection whereby a woman was seen taking footage of breasts and sending them to at least one fellow male classmate. “…The Commission is of the view that the age of all the girls acting in the scene needs to be ascertained, as it seems that minor children are used in that scene, in violation of POCSO Act, 2012 and with the same logic as aforesaid, presence of the parents/mothers of those child artists cannot help makers/publishers to escape from their liability to present the product which is against the law,” it added.
NCPCR additionally took cognisance of one other scene whereby a minor lady was seen commenting on the breast dimension of one other minor lady. It stated that the scene was a violation of the POCSO Act, 2012 and highlighted the problem of bullying. “It is pertinent to highlight that bullying is an act, which has lead to a lot of child-related issues as it spoils the complete personality of the child. Bullying in any form cannot be encouraged and that too through a natural biological human cycle,” the Commission stated in its letter.
Commission says Web Series violates I & B Ministry pointers, POCSO Act
NCPCR additional famous that the objectionable scenes, slicing throughout 5 episodes, are towards the ‘Guidelines to Regulate Child Participation in TV Serials, Reality Shows and Advertisements’ printed by the I&B Ministry. The pointers acknowledged underneath Section 15 factors out that no youngster needs to be forged in roles that trigger misery or embarrassment (clause 1). Furthermore, clause 2 of Section 15 prevents the depiction of youngsters indulging in smoking and anti-social behaviour.
The third clause prevents placing a baby in distressing conditions to acquire a “realistic depiction of an emotional reaction.” The letter by NCPCR Chairperson, Priyank Kanoongo, additionally pointed that the inappropriate depiction of minors within the collection violated Section 67B (publishing or transmitting of fabric depicting youngsters in a sexually specific act in digital kind) of the Information Technology Act, 2000. NCPCR additionally added that the collection violated Section 292 (Sale, and so on., of obscene books,) of the Indian Penal Code (IPC) and Sections 13 and 14 of the POCSO Act, which defines and lays down punishment for youngster pornography.
Netflix tries to ‘justify’ inappropriate scenes involving minors
The Commission had earlier directed the web streaming platform to cease the published of the collection and take away the contentious scenes. In regard to the controversy surrounding the ‘Bombay Begums’ collection, Netflix and NCPCR held a gathering on March 16 to debate the portrayal of youngsters within the stated net collection. At its request, NCPCR supplied Netflix with an prolonged timeframe to debate the matter with their authorized crew.
NCPCR famous, “The Commission obtained the reply of Netflix dated 18.03.2021, which is an effort made by the Netflix to justify all objectionable scenes highlighted by the NCPCR. However, after an intensive perusal of the reply, the NCPCR is of the opinion that the trouble to justify these scenes is a futile train and the unhealthy impression of these scenes on youngsters in addition to the detrimental impression about adolescent younger youngsters as a result of these scenes can’t be denied.
The Commission concluded, “It is a fact that children tend to get influenced by what they see or watch on television and thus, it is our moral and legal duty to protect them. It is also important to highlight that films have less reach if compared with the extent of publication through OTT and other platforms in the present era.” It added, “It is further important to highlight that the series is streaming at the time when it has got more viewers than normally any series could have considering the pandemic has shifted classrooms and offices on virtual medium.”
NCPCR recommends I & B Ministry to situation instructions to Netflix
“It is clear that the Netflix Series “Bombay Begums” has not solely violated the prevailing legislation of land and pointers, its persevering with the identical and affecting youngsters’s curiosity to a really giant extent,” NCPCR reiterated. The Commission has subsequently beneficial the Ministry of Information and Broadcasting to situation instructions to Netflix to take away the contentious scenes and take motion as per legal guidelines of the land to guard the youngsters. “You are further requested to furnish an ATR in this regard within 7 days of issue of this letter, failing which the Commission will be constrained to initiate proceedings under Section 14 of CPCR Act, 2005,” it added.