Legal Letter Against Body Shaming

Dear Readers,

I write this open legal letter with a sense of optimism, reaching out to every one of you who may come across these words. It’s not merely a personal exercise; rather, it’s a sincere appeal born out of hope. The issues I address may resonate with many, and I urge you to read on for the answers you seek.

I am Tishya Sharma, a woman – any woman you can imagine or have known in your life. I am the one who gave birth to you, your companion, friend, sister, guide, teacher, and root. Now, let’s delve into the purpose of this letter.

Body shaming : You, the reader, maybe a man or a woman, but I am sure you’ve been part of the body-shaming culture at least once. What does body shaming entail? It encompasses all those derogatory comments about women’s bodies – whether she’s fat, thin, short, tall, fair, or dark. No woman is exempt from your body shaming loop.

It seems society is perpetually dissatisfied with the way women are. Flaws, real or imagined, are sought out in her appearance. There’s a relentless pursuit of an imaginary “perfection” in women’s bodies. This collective judgment on women based on height, skin color, and body shape has escalated into a mass hysteria affecting young boys and girls. By the age of 12 or 13, they develop notions of an ideal body, succumbing to depression or even contemplating suicide due to constant mockery from peers or society.

This biased mindset against women affects their rights to equality in employment and equal pay. The phenomenon known as “lookism,” where discrimination occurs based on looks, violates the constitutionally guaranteed right to equality and protection against discrimination.

Unveiling the Dark Side of Comedy

In a recent episode of the Star Magic show on Flowers TV, a popular Malayalam film actress found herself at the receiving end of body shaming. The comedy artist, Thankachan, not only imitated her in an unacceptable and defamatory manner but also endured similar comments from co-artists in the past. It is imperative to recognize that body shaming is not just unethical but also a punishable offense under Indian laws.

The Legal Landscape against Body Shaming

Body shaming, characterized by negative comments about someone’s physical appearance, is a form of bullying that can inflict severe harm on an individual’s mental and emotional well-being.

In India, there exist robust laws to safeguard individuals from such acts, with Section 499 of the Indian Penal Code defining defamation as a criminal offense. This includes both spoken and written words, as well as gestures, carrying penalties of imprisonment up to two years, a fine, or both.

Moreover, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, outline guidelines for social media platforms and digital media companies to counter cyberbullying and harassment. These rules mandate the removal of defamatory, hateful, or discriminatory content based on physical appearance.

Legal and Practical Steps for the Victim

The affected actress possesses several legal and practical avenues to combat those reveling in the pain of others. Here are steps she can consider:

Consult a Lawyer: Seeking advice from a lawyer specializing in media and entertainment law is crucial. The lawyer can guide her on legal options and assist in safeguarding her rights.
Engage with the Media: Since the defamatory content originated from Flowers TV, the actress can contact the channel, demanding the removal or restriction of the content. A legal notice can also be sent, urging a public apology.
Reach out to Associations: The actress can inform industry associations like the Association of Malayalam Movie Artists (AMMA) about the defamatory content. These associations may take steps to protect her reputation and address those responsible.
Contact Social Media Platforms: Given the circulation on platforms like YouTube, contacting them to remove the content is vital. Reporting the content as abusive or defamatory may prompt action.
Consider Legal Action: If the damage to her reputation is substantial, filing a lawsuit for damages becomes an option. This can target individuals responsible for the content, as well as media outlets or platforms that published or broadcasted it.

Seeking Justice and Support

To seek justice and support, the actress can file a complaint with the police under Section 499 of the IPC, aiming for compensation for damages caused to her reputation and mental well-being. Additionally, approaching the Kerala State Women’s Commission can provide further assistance.

Standing Against Body Shaming as a Society

Thus, it is crucial to understand that body shaming is far from a harmless joke; it can have profound consequences on an individual’s self-esteem and mental health. Quick and decisive action, guided by legal experts, can be the key to protecting one’s reputation and rights in the face of such adversity.

So it is rightly said: Where women are honored, Divinity blossoms there; where they are dishonored, all actions remain unfruitful.

Such is the reverence attached to womanhood in our ancient scriptures. Let’s collectively pledge to respect womanhood in all its forms, hoping to bring blessings to our society.

Warm regards, Tishya Sharma, Lawyer and Content Writer She Sight Magazine