Srinagar court dismisses obscenity complaint against Gulmarg fashion show
The court observed that two models wearing 'skimpy clothes or swimwear in the broader scheme of the event does not attract the penal offence of obscenity'.
The complaint was filed by one Adil Nazir Khan on March 10, seeking action under sections 296 and 299 of the Bharatiya Nyaya Sanhita (BNS), and section 50 A of the Jammu and Kashmir Excise Act, 1958. The complainant had named the organisers and editor-in-chief of Elle India, alleging 'obscenity, hurting religious sentiments during the month of Ramzan and public consumption of alcohol'.
The court of special mobile railway magistrate Faizan i Nazar said the complainant's allegations were supported by two screenshots.
'Two screenshots annexed with the complaint show a female and a male model in skimpy clothes. That is the sole fact appearing in the complaint alleged to be obscene. Accused on the other hand has placed on record material which show that in the fashion show, several models participated and the above two models wearing skimpy clothes actually were showcasing swimwear, for which the company of first accused has expertise,' the judgment pronounced on Wednesday said.
Quoting a Supreme Court judgement, the court said that in determining contemporary community standards, regard is to be given to 'contemporary mores and national standards and not the standard of a group of susceptible or sensitive persons'.
There was widespread outrage across Kashmir after photos of the event showcasing ski wear collection surfaced on social media platforms, with people saying it was 'disrespecting local sensitivities'. Jammu and Kashmir chief minister Omar Abdullah had ordered a probe into the show.
The designer duo who organised the show, Shivan Bhatiya and Narresh Kukreja, had subsequently apologised for 'any hurt caused'.
Shivan and Narresh is a prominent luxury resort wear brand. On its account of microblogging platform X, the label calls itself 'India's first luxury holiday brand'.
Regarding allegations under section 299 of the BNS, which proscribes deliberate malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs, the court said no court shall take cognisance except with the sanction of the Centre or of the state government.
Part of the Ski & Après Ski 2025 festival, Shivan & Narresh had hosted the event to mark its 15th anniversary, showcasing skiwear collection with vibrant art prints.
The court also dismissed the offence stated under section 50 A of the Jammu and Kashmir Excise Act, 1958, which proscribes drinking in public or any place of worship.
'It is only the deputy commissioner, police and other authorities stated under the Act who have the locus standi to maintain a complaint under the Excise Act. Four-hour permit for serving liquor in connection with get together on March 7, 2025, in favour of Nedous Hotel, Gulmarg, issued by deputy excise commissioner (executive), Kashmir division, on March 1, 2025, has been placed on record,' the court said.
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