"Societies...cannot escape simply on the plea that they do not have a mind of their own and are not responsible for the acts of persons incharge of their day-to-day affairs," Chief Metropolitan Magistrate (CMM) R.K. Gauba said in his order last week.

Population Services International (PSI) and Parivar Sewa Sanstha (PSS) -- both registered under Societies Registration Act, 1860, were summoned as accused in October last year after the court took cognizance of a complaint filed by `Azadi Bachao Andolan'.

The complaint, filed through V.P. Srivastava in May 1996, alleged that the programmes, Kaam ki Batein and Balance Barabar, broadcast on AIR were obscene and sought action against the two NGOs.

"Kaam ki Batein" and "Balance Barabar" were sponsored by PSS and PSI respectively. The CMM observed that the subjects should not be "discussed vividly in programmes aired on radio which are meant to be heard by all and sundry in particular younger generation in the impressionable age group and for whose protection laws of obscenity have been evolved". Before summoning the NGOs as accused in the case, the court had ordered the AIR authorities to produce the audio cassettes of the programmes as well as their transcription before him.

The NGOs had contended that the material contained in the audio cassettes did not amount to an offence under Section 292 of the Indian Penal Code (obscenity).

They had further argued that the materials discussed in the programmes could ordinarily be found in any text book on the subject of sexuality or medical science and that the same was aimed at educating the younger generation about HIV/AIDS.

However, the court dismissed their plea saying if such subjects were allowed to be discussed in textbooks or scientific works, the same did not permit the subject to be discussed in such programmes. The court directed the state counsel to submit the list of witnesses required to be summoned in the trial and posted the matter for further hearing on January 19 next.

Stove company restrained from using Sony brand
The Delhi High Court has restrained a local company from manufacturing and selling products under the Sony brand name.

The order by Justice Dalveer Bhandari came recently on a petition filed by electronic multinational Sony Corporation seeking an injunction against the Delhi company engaged in stoves business. Counsel for Sony Meera Bhatia contended that the trade mark `Sony' being used by Lok Seva stove was deceptively similar to that of the Japanese company.

"By selling stoves bearing the trademark `Sony', the defendant (Lok Seva Stove) is infringing the petitioner's registered trademark," she said.

Bhatia contended the Delhi company was also passing its goods as a product of Sony Corporation and thereby causing damage to the reputation of the multinational as a manufacturer and merchant of high quality goods.

The petitioner's trademark `Sony' is registered in 193 countries including India, she said adding the company sold products worth 35,385 million dollars during 1997 in these countries.

Proposal for free legal aid to `genuine' litigants
Delhi High Court Bar Association (DHCBA) has come up with a proposal for providing free legal aid to "genuine" litigants who cannot afford to pay the lawyers' fee and had to suffer "injustice".

Convener of DHCBA's Legal Aid Committee (LAC) H.S Phoolka said that the bar would take up the issue of amending the Bar Council rules regarding legal aid by its members.

"The legal aid by the interested lawyers will have to be given as a duty and not as a favour according to the DHCBA proposal," he said.

Legal aid so far is being provided only by the government to those litigants whose annual income is below Rs 24,000, Phoolka said.

He said the idea of free legal aid by DHCBA was conceived after it found that many genuine litigants suffered injustice as they could not engage a lawyers to fight their cases.

Phoolka said there was a plan to publicise its scheme so that people come forward for getting help from the bar.