Let us assume that there is an international standard comparable to Indian Penal Code which was cited in the out of court settlement with Penguin for pulping Wendy's book.
Let us also assume that US Penal Code Chapter 43 on Crime against Public Order and Public Decency is close to an 'international standard'.
I submit that the cover page on Wendy's book is enough to prosecute the author, publisher and employer of the author, Univ. of Chicago under US Penal Code.
Here is an excursus on Indian criminal code compared with US case laws in particular reference to Lady Chatterly's Lover.
The book of Wendy Doniger is more indecent and more devastating to public order since there is a danger that it may arouse prurient interests in minors, particularly Hindu minors in USA. Hence, a complaint is warranted for further action under due process under US Laws.
http://indconlawphil.wordpress.com/tag/obscenity/
The crux of the argument in the suggested complaint is that the book as a whole and the cover page in particular are violative of Section 43.24 of US Penal Code (Chapter 43) and constitutes a crime.
Let us also assume that US Penal Code Chapter 43 on Crime against Public Order and Public Decency is close to an 'international standard'.
I submit that the cover page on Wendy's book is enough to prosecute the author, publisher and employer of the author, Univ. of Chicago under US Penal Code.
Here is an excursus on Indian criminal code compared with US case laws in particular reference to Lady Chatterly's Lover.
The book of Wendy Doniger is more indecent and more devastating to public order since there is a danger that it may arouse prurient interests in minors, particularly Hindu minors in USA. Hence, a complaint is warranted for further action under due process under US Laws.
http://indconlawphil.wordpress.com/tag/obscenity/
The crux of the argument in the suggested complaint is that the book as a whole and the cover page in particular are violative of Section 43.24 of US Penal Code (Chapter 43) and constitutes a crime.
Chapter 43 Crimes against public order and public decency
Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. (a) For purposes of this section:
(1) "Minor" means an individual younger than 18 years.
(2) "Harmful material" means material whose dominant theme taken as a whole:
(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;
(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
(C) is utterly without redeeming social value for minors.
(b) A person commits an offense if, knowing that the material is harmful:
(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).
(c) It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.
(c-1) It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.
(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 497, Sec. 1, eff. September 1, 2011.
Kalyanaraman
| Reviews on Indological and South Asian Studies | ||
| External links are marked with an asterisk (*). | ||
| General | ||
 BOOK: Invading The Sacred Edited by Krishnan Ramaswamy, Antonio de Nicolas and Aditi Banerjee (pdf online) 565 pages | ||
| "Eminent Historians of India" by Arun Shourie | ||
 | ||
| (*) Edmund Leach on Racism & Indology by Subhash Kak | ||
| Historians Versus History (Chapter 6 of �Hindu Temples, What Happened to Them�, Vol. I) by Ram Swarup | ||
| Western Indology versus the Indic Cultures (Chapter II.7 of the book �Hinduism and the Clash of Civilizations) by David Frawley | ||
| (*) The Axis of Neo-colonialism by Rajiv Malhotra | ||
| (*)The Uses (and Misuses) of Psychoanalysis in South Asian Studies by Alan Roland | ||
| (*)Could the Emperor be Just Buck Naked? by V. Chandrasekhar | ||
| (*) RISA Lila by Rajiv Malhotra | ||
| ||
| (*) The Groan: Loss of Scholarship and High Drama in South Asian Studies by Yvette R. Rosser | ||
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| (*) Women and Hinduism in U.S. Textbooks by Dave Freedholm | ||
| Aryans and Ideology by Koenraad Elst | ||
| Tortured Souls Create Twisted History by Navaratna Rajaram | ||
| What is the Aryan Migration Theory by Vishal Agarwal | ||
| (*) Taking Back Hindu Studies by Dr. Shrinivas Tilak http://www.voiceofdharma.com/indology.html | ||