Controversy
Maxim's inaugural issue featured a page called "Women you will never see in Maxim - 100% fake". Among the photos was a full-page morphed photograph showing actress, Kushboo "posing" in black underwear, alongwith the caption "Of course, I am a virgin if you don't count from the behind." The caption was in reference to the controversy across Tamil Nadu after Kushboo had said that no educated male should expect his bride to be a virgin. The actress described the photo as "immodest", even though only her head is shown in the shot. Khushboo filed a petition with Chennai Police commissioner R. Nataraj on 30 January 2006, citing two complaints: defamation and the indecent representation of women. Nataraj ordered copies of Maxim in Chennai be seized. Maxim's lawyer, K.S. Natarajan, alleged that the police had added eve-teasing, a non-bailable offence, to the list of charges. Then Editor-in-Chief of Maxim, Sunil Mehra, apologized, saying, "We are deeply apologetic for causing any inadvertent hurt and offence to Khushboo. We are in the business of respecting and celebrating rather than denigrating women. It's an unfortunate episode and I hope it will be resolved amicably." Kushboo refused to accept the apology and on February 15 sent legal notices to the editor and publisher of the magazine, seeking a compensation of 3 crore "within three weeks." She stated that if the magazine failed to respond within the stipulated period, then she would sue the magazine for defamation. Tamil Nadu Police registered a case under the provisions of the Indecent Representation of Woman Act against Mehra for publishing the photographs. A Trial court issued summons to Mehra, which he challenged and also sought the quashing of the complaint by filing a petition under section 482 CrPC in the Madras High Court.The Madras High Court and later, the Supreme Court, declined to grant anticipatory bail to Mehra.
On 22 August 2006, the Central Crime Branch filed a chargesheet against the five accused in Kushboo v. Maxim magazine before the Chief Metropolitan Magistrate Court in Egmore. The five accused were Editor-in-Chief Sunil Mehra, art director Anjan Das, publisher and printer Xavier Collaco, deputy general manager Circulation Deepak Bhatt and regional circulation manager Fazal Hussain Khan. The case was filed under section 292 A and 3,4,5 of the Indecent Representation of Women (Prohibition) Act 1986 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. Deepak Bhatt and Fazal Hussian Khan were granted anticipatory bail by the Madras High Court, while Anjan Das and Xavier Collaco, alongwith Sunil Mehra, had their bail dismissed by the Madras High Court and the Supreme Court. On 5 December 2007, the Madras High Court stayed criminal proceedings against Maxim, based on a plea filed by one of the respondents seeking to squash the case.
Read more about this topic: Maxim India (magazine)
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