HC tells condom manufacturers to get ASCI certification

Madurai (PTI): The Madurai bench of the Madras High court on Friday directed condom manufacturers to get the certification from the Advertising Standards Council of India (ASCI) for their advertisements and the wrappers.
Disposing of a Public interest litigation filed by a businessman, Justices A K Ganguly and P Jyothimani said that the ASCI should issue the certification in accordance with the Article 51(A)of the Constitution which stipulates that it is the fundamental duty of every citizen to value and preserve the rich heritage and composite culture.
“Condom manufacturers cannot market their products indiscriminately with obscene visuals, either on the wrapper or in advertisements issued in print/visual media,” they said.
Even the right to carry on business, under Article19(1)(g) of the Constitution prescribed that such right is subject to reasonable restrictions which could be imposed in the interest of decency and morality, the court said.
The judges however felt that it was difficult for them to fix standards of decency and morality. Only ASCI, a self regulatory voluntary organisation, was better positioned to deal with such cases, they said.
Condom manufacturers, including TTK-LIG, J K Ansell, Hindustan Latex and Pasupathi Seohung were listed as respondents in the case.
The Petitioner C Ravikumar sought to ban ‘obscene pictures’ on packages and advertisements of condoms.
He said the pictures created a wrong impression about a condom, which is a medical product.
Friday, July 25, 2008


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