Emotional Atyachaar: A Legal Perspective

Article for Blog Post Writing Competition 2011 | by Govind Chaturvedi

May 5th, 20111:51 am

What legal remedy do you have if some one defames you on national television for cheating? What can you do to stop them from airing your “exploits”? While, the simple answer to all of this would be keep your desires in a bottle and be faithful. For those who cannot or will not, help but commit the sin of lust the law does provide some safeguards. That are against being publicaly defaced and being aired in front of all those people you do not want it to i.e friends family, old enemies or even your ex’s.  A new show that is sweeping people of their feet- for some of them quiet literally, who also get a bonus solid kick. The boyfriends and girlfriends who thought they could cheat and get away without as much as a goodbye or an excuse, have a different thing coming. On the show they are caught, bagged and put up for target practice, while the wronged individual is given a bazooka with unlimited ammo. The show is divided into three parts: Suspect, Shock and everyones favorite the “Spanking”. If you have not watched the show let me illuminate you. First, the lead and suspect are introduced and trivial details followed by the leads insecurity. Secondly, this part deals with the suspect and his raging hormones and how he is stupid enough to trust a person whom he/she just met a few hours ago and the host Angad inciting and egging on the lead; Thirdly, the Lead and suspect are bought in direct confrontation. This is followed by a delicate balance between blaming and censure to straight out vilifications and vituperation, which looks like a scene of WWE and saas-bahu serial rolled into one. Yes yes the best part of the entire show, the main reason the show is “still” on air. You think I am exaggerating? then you have not set eyes on the show that is fast gaining TRP’s. The suspect are swept then made to give a proper explanation to the lead who has been betrayed. Giving the person a ride of a lifetime, bringing the cheating days to an end for good. However, such strong content and boldness of the makers has attracted a hoard of criticism and controversies, almost like moths to a burning candle you could say. The accusations are many right from moral lacerations, social ramifications to legal problems. So, what legal remedy does one have for an individual caught in the act by Angad and the their respective Boyfriend and girlfriend?

The primary and most important remedy one can avail of is the “Right to privacy”, which is guaranteed under article 19 clause 2. The exact same article that gives the right to speech and expression to the media comes with certain safeguards or more aptly limitation for airing of certain content. These limitations which the show infringes are, firstly Morality or Decency anything the tingles with the delicate threads of society; Secondly, Defamation, the suspect is publicly humiliated and made fun of almost making it impossible to have a proper lifestyle and almost making a pariah; Thirdly, Incitement to offence, part of the third segment in confrontation where assaults often ensues as result of earlier video footage shown to the lead. The other remedy is under torts of defamation, which the grieved can pursue.  While it is agreed that the show is out to serve justice, the age old saying applies here ” Ends do not justify the means”, or something like it. The fact remains that the  show is doing something ethically wrong, which is making a mockery out of someone. The results that follow are the person or suspect being ridiculed for life, his/her parents being boycotted or looked down upon in society. The silly mistake of ones youth getting a retribution beyond nessecery. Who knows maybe even driving the warm blooded youngster to commit a crime in the trauma.  While on the other hand, the show does a little good. Like what? I do not know maybe…just maybe.. I do not know… “Save lives”. People who are being played could be saved more pain, or getting married to someone who would cheat on them all their lives. For the ones who think there is a difference between love and lust, but do not follow it. They believe what they are doing is justified, the show busts the balls and gives a chance to the partner to walk away with dignity. Call me stupid but a few days of pangs versus an unspecified time of suffering, I choose the former. While, this is not the only show, happily cutting the moral threads of society. We can now boast of our own version of the “Temptation island”, Splitsvilla and “Roadies”. The list is endless, with the audiences asking for more reality shows almost all channels have started their own kind i.e Swaymwars of Rakhi and Rahul or a chance to take ones parents on a Tirath. Hurt, anguish, suffering and rage are the selling points today, that get the TRP’s the more of these cardinal sins committed on your show, the more audience you get. A simple and sadistic formula is it not? Emotional Attyachar is aired two to three times in a day, so if people have such a problem with it then how is it getting so much popular support.

While, it has left people in a tizzy despite all the protests why is the show not shut down. The fact remains the show has done some good for those caught in an abusive relationships, even people who were cheating have taken a lesson from the show. The show has done some good albeit indirectly. While, allegations have been raised that the entire show is sham saying the sting operations are faux and executed with brilliant acting and a simple script. The truth is that the popularity it is getting, there is no slowing down for the show. There are also few legal remedies one has to go with since the evidence is recorded. There are even fewer people willing to take the matters in their hands, so we can assume the show is going to air and keep making the line between love and lust bright and prominent for people to follow. If you want my personal opinion that could save you from the show, humiliations that ensue and lifetime of mockery, well it is rather simple and requires no hard work, just be faithful guys. Love can never compare to lust, not in a hundred years.

Article by-

Govind Chaturvedi

Student, Amity Law School.

[Submitted as an entry for the MightyLaws.in Blog Post Writing Competition, 2011]

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