LAHORE: Draft law finalized to check obscenity - Public performances
By Intikhab Hanif
LAHORE, April 22: The Punjab government has finalized a draft law to check obscenity in public performances, including fashion shows. It suggests legal action against all stakeholders in a public performance
, including performers, producers, organizers and owners of the venue of a performance.
"The (proposed) law is being sent to the chief minister for approval and adoption by the provincial assembly," official sources told Dawn on Thursday. At present, the government controls public performances, mainly stage drama, through the Dramatic Performance Act 1876.
Under the act, only actors of an objectionable performance are banned for a limited period but they normally get relief from courts. The stage performance used to be regulated by the then deputy commissioners through magistrates. Now this function is being performed by the DCOs.
According to officials, the proposed Public Performances (Regulation) Act, 2004, will help the government monitor, regulate and control public performances and to prohibit the ones that are obscene, scandalous, defamatory and seditious. The law would be applicable to the owner of the place of a performance, its producer, organizer or any person having the superintendence or control over it.
The public performance would mean any play, pantomime, concert, fashion show, circus, stage entertainment and any type of dramatic, theatrical, musical or dance performance. The performer would mean any artiste, actor, musician or model.
The law would not be applicable to any religious festival or any performance on private premises to which the general public are not admitted to on payment of money or otherwise.
Public performances would be monitored and regulated by an authority (DCO) who would issue a licence for the purpose. The authority may suspend or cancel, suo motu or on a complaint made by an inspector, a licence after hearing the licensee. Licences would also be issued to the owner of a place to be used for a public performance.
An inspector would have the power to enter, without warrant, any public place; break open any door or remove any obstacle to such entry in case of resistance; seize any scenery, clothing, equipment and other material found on the place of a performance as evidence of an offence punishable under the law, and detain and search any person involved.
He would have the power to arrest any person believed to have committed or was about to commit an offence under this act. The arrested persons would be taken to a local police station and would be dealt with as if they had been arrested under the CrPC 1898.
Obstructing or preventing an inspector from carrying out his duties; refusing or failing, without reasonable excuse, to furnish any information to the authority; and giving any false or misleading information would be offences to be dealt with under different sections of the PPC 1860.
The offenders would be guilty of a non-bailable offence and on conviction they would be liable to a fine up to Rs100,000, or a maximum imprisonment of two years, or both. The offences would be triable by a judicial magistrate and appeals would be filed before the sessions judge.
Dues would be recovered from convicts as arrears of land revenue. No suit, prosecution or other legal proceedings could be sought against the authority, a delegate, or an inspector. No suit or legal proceedings could be brought in any civil court against any order or decision made under the proposed law.
