Calcutta High Court - Port Blair
Shri. Rupin Dang vs The State And Another on 10 November, 2025
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
[CIRCUIT BENCH AT PORT BLAIR]
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PRESENT: HON'BLE JUSTICE ANANYA BANDYOPADHYAY
CRR No. 28 of 2025
Shri. Rupin Dang ... Petitioner
Versus
The State and another ... Respondents
For the Appellant : Mr. Deep Chaim Kabir, Sr. Adv.
Mr. S. Ajith Prasad
For the State : Mr. Sumit Kumar Karmakar
Heard on : 31.10.2025
Judgment on : November 10, 2025
Ananya Bandyopadhyay, J.
1. The present proceeding arise out of an information place before the police authority by the Directorate of Tribal Welfare, Andaman & Nicobar Administration, pursuant to directions issued by the National Commission for Schedule Tribes for the removal of objectionable videos relating to the members of the Jarawa and other aboriginal tribes of the Andaman & Nicobar Island which were publicly accessible on You-Tube. These videos, depicting the schedule tribes within their reserved habitat, were alleged to have been uploaded in contravention of 2 the Andaman & Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956 as amended and amounted to a violation of dignity, privacy and cultural protection accorded to particularly vulnerable tribal groups.
2. Upon receipt of the written complaint, FIR No.219/2017 dated 09/11/2017 was registered at PS CCS under the provisions of SC/ST (Prevention of Atrocities) Act, 1989 and PAT Regulation 1956. Investigation initially led to the identification of 37 objectionable video links, among which 10 were found uploaded by Wilderness Films India Ltd. New Delhi under the stewardship of it Managing Director, Shri Rupin Dang, the petitioner herein. Notices under Section 41 A of the Code of Criminal Procedure were issued. Although, the petitioner expressed inability to appear personally at Port Blair citing medical reasons, he acknowledged that the footage had been archived material derived from earlier official expeditions.
3. During the course of the investigation, it surfaced that portions of the video material pertained to documentary expeditions undertaken in the late 1980s and early 1990s by the Andaman & Nicobar Administrations Jarawa Contact Teams, in which Senior Government Officials including the then Lt. Governor, Late General Tirath Singh Oberoi, Shri. Bakhtawar Singh (Retd.Dy.SP) an officers from the Tribal Welfare 3 establishment were present. Statements of retired officers of the Anthropological Survey of India corroborated such visits and documentation during the aforesaid period from part of structure outreach protocols.
4. The learned Advocate representing the petitioner submitted the petitioner to have been implicated in the instant criminal case as aforesaid who had never entered the jurisdiction of Andaman & Nicobar Islands and the You-Tube videos were uploaded by the company of the petitioner prior to the amendment of the Andaman & Nicobar Protected Aboriginated Regulation 1956 which were duly notified on 09.07.2012.
5. The learned advocate representing the petitioner further submitted that the petitioner's company ventured into non commercial and non profit earning avenues obliterating the possibility of publishing advertisement for propagating tourism. The video footage in question was secured from an official sanctioned expedition of the Andaman and Nicobar Adim Janjati Vikas Samity or AAJVS from the late 1980s. This particular footage in fact was shot by a Doordarshan authorized videographer, in the presence of the then Lieutenant Governor, Tribal Welfare officers and the then Deputy Superintendent of Police. Evidence had been collected to demonstrate the video 4 was shot in 1980s long before the 2012 Amendment of the PAT Regulation, 1956 and at that relevant time, these activities did not constitute any offence, rather being officially permitted by the Administration. The video in question was shot by an officially permitted photographer and videographer from Doordarshan being one Sambamurthy, back in the 1980s with official sanction to do so, and at a time when it was no offence at all. The video was aired on television by Doordarshan in 1998 when it was broadcast on national networks as a film of 'Sikhs in Andamans'. Such footage was in the public domain, being aired and publicized by an entity of the Government itself.The petitioner's company if at any point of time had used any of this content or video footage for upload on Youtube, the same could not constitute an offence, when it was not for the purpose of advertisement or tourism, both of which entail a commercial and/or monetary aspect, which had not been in the case of the petitioner's company which merely projected documentaries on different parts of India. Therefore, no offence under section 8B of the PAT Regulation, 1956 could be attributed to the petitioner or even to his company, as no act of advertisement for tourism had been even alleged to have been committed by the petitioner or the company.
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6. It was further stated if the photographs and the information of the aboriginal tribes of A & N Islands had been publicized in the daily newspaper, reflected in the TV channels and the same were not violative of the Article of 14 of Constitution of India, if generated at the instance of public servants and/or Government, the present petitioner devoid of any intent to advertise orpropagate tourism at the expense of the aforesaid tribes should not be condemned and compelled to face criminal proceeding.
7. The Learned advocate representing the State submitted after the amendment of the Regulation in the year 2012, the petitioner uploaded the video in the year 2015-2016 with the knowledge ofsuch fact of uploading videos had been prohibited by virtue of the amendment promulgated in the year 2012 as per the Regulation of 1956. The petitioner could not have taken the plea of ignorance of law as such claim was unsustainable in the eyes of law. Uploading of information on the You Tube through any URLs generated commercial benefit in the form of number of views, likes and shares. The petitioner cannot claim the object of educational purpose without obtaining financial gain out of such viewership of uploaded videos. The petitioner cannot claim exoneration without being subjected to trial at this stage in absence of corroborative evidence that the 6 petitioner did not derive financial gain from such display of videos on You Tube. Accordingly, the charge sheet filed in the instant proceeding should not be quashed.
8. The charge sheet filed by CS No. 16/2021 under Section 8 (B) of PAT Regulation 1956 against the present petitioner inter- alia stated as follows:
" It is pertinent to mention that during the investigation 10 videos were found to be uploaded by Wilderness films India headed by Managing Director Rupin Dang. During investigation, it was found that firstly, Wilderness Films Indian Ltd. is a 31 years old public limited company with non-commercial objectives of presenting the Best of India to the world, and to encourage Indians to explore and better understand their country and their culture, through free videos that we post online, with no earnings objective. Secondly, the videos in question are found to be shot way back in1980's in which former LG Gen Tirath Singh Oberoi, ShriBakhtawar Singh retired Dy.SPA&N Police and Mr. Avradi, Undersecretary and ShriSambamurty photographer can be seen interacting with Jarawas. Presence of worthy LG along with other Govt. officials in the videos uploaded by Wilderness Films India Ltd. signifies that it was not for any advertisement in order to promote tourism activities as such. Lastly, Wilderness Films India Ltd. merely obtained a copy of the footage from Mr.Sambamurthy around the year 1998, after it was broadcast on national television network Doordarshan as film of 'Sikhs in the Andamans'. Thus videos in question were definitely have been shot before 1998 when there was no such law prohibiting taking videos or photographs of the aboriginal tribes. Also it has been ascertained that in the late 1980's many such official expedition were conducted by AAJVS team of Tribal Welfare Department for establishing contacts with tribes as per the established protocol. Many a times senior officers of A& N Administration were also use to accompany AAJVS teams to review or take stock of situation, Likewise, Lt. Gen Tirath Singh Oberoi the then Lt. Governor of A & N Islands, Sh. Bakhtawar Singh, the then Dy.SP in A & N Police and Mr. Awradhi, associated with Tribal Welfare Department, A & N Administration were also members of contact expedition alongwith AAJVS officials, Lt. Gen Tirath Singh Oberoi the then Lt. Governor of A & N Islands served as Lt. Governor of A & N Islands from 04/12/1985 to 24/02/1990 and this fact is available in public domain. Also, statement of Sh. Justin, Retired Deputy Director, Anthropological Survey of India, Port Blair was recorded, who was a prominent member of all such expeditions organized by AAJVS during early 1990's. he was shown the photographs connected with the case and he identified the officers who were present in these expeditions and stated that these/ videos/Photos contains his photos, photos of Ex-HLG T.S Oberoi, Retired Dy.SP, 7 Bhaktawar Singh, Retired Dy.SP K.S Pabla and other Govt. Staff. Further, he stated that all these trips were in official capacity and unlike present times Jarawas were hostile during those days and they allowed only AAJVS staff and few known officers to interact with them. Further, as per the policy only requisite interactions with Jarawas was being made only by authorized staff and basic tools and accessories which are required for survival in jungles use to be provided. From the investigation carried out so far sufficient evidences have been found against Mr.Rupin Dung, Managing Director, Wilderness films India for uploading 10videos of Jarawa Tribes in You Tube channel in the year 2015-2016. He removed these videos from You Tube channel upon the direction of the Investigation Officer. It is evident that PAT Regulation 1956 was amended in 2012 and videos were uploaded in You Tube channel by Wilderness Films India Ltd. in 2015-16. Ad per section 8 (B) of PAT Regulation 1956, whoever in contravention of the provisions of sub section(2) of section 7A promotes tourism activities through any advertisement relating to aboriginal tribes directly or indirectly, he shall be published with imprisonment which may extend to three years and with fine which may extend to ten thousand rupees. Further, section 3(i) (r) SC & ST(Prevention of Atrocities) Act 2016 and section 7/8/8(4) of PAT Regulation 1956 will not attract in the instant case, hence this sections are dropped".
9. The Andaman & Nicobar Gazette vide Notification dated June 30, 1956 inter alia states as follows :-
" 6. (1) No person other than a member of an aboriginal tribe shall, except with the previous sanction of the Chief Commissioner, acquire any interest in any land situated in a reserved area or in any product of or crop raised on, such land, or shall, except under and in accordance with the terms and conditions of a licence granted by the Chief Commissioner, carry on any trade or business in any such area.
7. The Chief Commissioner may, by notification prohibit any person other than a member of an aboriginal tribe or any class of persons other than members of an aboriginal tribe from entering a reserved area except on the authority and subject to the observance of the conditions and restrictions of a pass granted by the Deputy Commissioner or by such other officer as the Deputy Commissioner may authorize in writing in this behalf.
8. (1) Whoever in contravention of the provisions of section 6, acquires any interest in or in any product of, or crop raised on, any land, or carries on any trade or business, in a reserved area, shall be punishable with imprisonment which may extend to one year, or with fine which extend to one thousand rupees, or with both and the interest so acquired shall be disposed of in a such manner as the Chief Commissioner may, after taking into consideration the circumstances of the case, direct. (2) Whoever in contravention of the Notification issued under section 7, enters a reserved area shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.8
(3) Whoever, does anything in contravention of any of the conditions or restrictions subject to which a pass has been granted to him under section 7, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both."
10. The Andaman & Nicobar Gazette vide Notification dated January 31, 2006 inter alia states as follows :-
"8 . (1) whoever, in contravention of the provisions of section 6, acquires any interest in, or in any product of or crop raised on any land, or carries on any trade or business, in a reserved area, shall be punishable with imprisonment which may extend to two years and with fine which may extend to ten thousand rupees and the interest so acquired shall be disposed of in such manner as the Administrator may after taking into consideration the circumstances of the case, direct.
(2) Whoever, I contravention of a notification issued under section 7, enters a reserved are shall be punishable with imprisonment which may extend to two years and with fine which may extend to ten thousand rupees.
(3) Whoever does anything in contravention of any of the conditions or restrictions subject to which a pass has been granted to him under section 7, shall be punishable with imprisonment which may extend to two years and with fine which may extend to ten thousand rupees".
11. The Andaman & Nicobar Gazette vide Notification dated July 9, 2012 inter alia states as follows :-
"4 . After section 7 of the principal Regulation, the following section shall be inserted, namely:-
7A. (1) No person shall establish or operate any tourist establishment or commercial establishment in the Buffer Zone.
(2) No person shall promote tourism activities directly or indirectly, through advertisement relating to the aboriginal tribes".
5. In section 8 of the principal Regulation, after sub-section (3), the following sub-section shall be inserted, namely:-
"(4) Whoever enters, in contravention of the notification issued under section 7, into the reserved area for purpose of taking photographs or making videos of the aboriginal tribes, he shall be punishable with imprisonment which may extend to three years and with fine which may extend to ten thousand rupees.
(5) Whoever enters in contravention of the notification issued under section 7, into the reserved area for the purpose of encroaching bunting or poaching from the said area, he shall be punishable with imprisonment which may extend to three years and with fine which may extend to ten thousand rupees.
(6) Whoever enters in contravention of the notification issued under section 7 into the reserved area for the purpose of introducing any form of alcohol or any highly inflammable or 9 explosive substance or any form of biological germ, bacteria or virus to any member of the aboriginal tribe, he shall be punishable with imprisonment which may extend to seven years and with fine which may extend to ten thousand rupees".
(7) After section 8 of the principal Regulation, the following sections shall be inserted namely:-
8 A. Whoever, in contravention of the provisions of sub-
section (1) of section 7A, establishes or operates any tourist establishment or commercial establishment in the Buffer Zone, he shall be punishable with imprisonment which may extend to three years and with fine which may extend to ten thousand rupees.
8B. Whoever, in contravention of the provisions of sub-section (2) of section 7A promotes tourism activities through any advertisement relating to aboriginal tribes directly or indirectly, he shall be punishable with imprisonment which may extend to three years and with fine which may extend to ten thousand rupees."
12. Notification No.33/Press Clipping/14/A&N/2017-RU-III issued by Joint Secretary to the Government of India dated 07 th July, 2017 inter-alia states that:-
'the National Commission for Scheduled Tribes (NCST) has taken cognizance of inappropriate videos films/pictures that have been uploaded on the You Tube related to Jarawas and other Scheduled Tribes Communities of A & N Islands. These videos are posted under different tag like Human Safari:
Observing the Jarawas, etc but show them naked, awkward and clumsy. They do not show them in good light. Posting these videos is akin in outraging their modesty without their knowledge.
The issue for removal of inappropriate videos related to Jarawas and other tribes from You Tube was discussed in 97th meeting of NCST held on 0.7.2017 under the Chairmanship of ShriNand Kumar Sai, Hon'ble Chairperson, NCST and it was decided that inappropriate videos related Jarawas and other tribes of A & N Islands uploaded on You Tube should be removed with immediate effect.
In this regard your attention is invited that Andamanese, Jarawas, Onges, Sentinelese, Nicobarese and Shom Pens have been identified as "aboriginal tribes" in A & N Islands, vide the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956 (PAT). These communities have been notified as Schedule Tribes in UT of A & N Islands under Article 342 of the Constitution of India. Great Andamanese, Jarawas, Onges, Sentinelese and Shom Pens have also been identified as Particularly Vulnerable Gropus in UT of A & N Islands by the Government of India. PAT contains the provision of protection of these communities from the outsiders. The policy on Jarawa Tribe of Andaman Islands, 2004 and Policy on Shom Pens Tribe of Great Nicobar Island have been formulated by the 10 Government for the protection of Jarawas and Shom Pens of A & N Islands.
Penalty provisions for promoting tourism through advertisement relating to aboriginal tribes has also been made in the year 2012. Whoever enters these areas in contravention of the notification under section 7 (which prohibits entry into reserve areas) for taking photographs or making videos shall be punishable with imprisonment up to three years. Section 3 (i) (r) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also attracted.
The You Tube videos/pictures are violative of the provisions of PAT and other laws inforce for protection of Jarawas and other tribes of Andaman and Nicobar Islands. It is therefore requested that immediate necessary action be please initiated for removal of inappropriate videos from the You Tube. Action taken/ to be taken may please be intimated to the Commission at the earliest'.
13. The materials on record, mentioned the videos in question were shot decades earlier at a time when no prohibition was in existence. The videos were filmed during official Government supervise Contact expeditions in the presence of Senior A& N Administration Officers. There were no materials on records which denoted commercial exploitation or tourism promotion by the petitioner or his company being a Public Limited Company professing non-commercial objectives. The accused petitioner cooperated with the investigation and removed the videos which were notified by the A & N Administration. Sections under SC/ST Act and other PAT provisions were dropped by the investigating agency itself except Section 8(B) PAT Regulation 1956 which penalized promotion of tourism activity relating to tribal groups. The materials on record and the narrative in the charge sheet as aforesaid did not represent any document depicting tourism promotion.
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14. The subsequent uploading of the archival materials on You Tube between the years 2015/2016, though undoubtedly misplaced in its disregard for the sensitivity required in respect of particularly vulnerable tribal groups, had not been shown to have been done with any intention to promote tourism or for commercial gain, spectacle advertisement or exploitation of the Jarawa Tribe. The company in question as per the charge sheet had been the proponent of non-commercial cultural documentation and the materials on record did not demonstrate monitory gain, inducement, circulation of profit or encouragement of tourism by the petitioner. The accused petitioner ensured the removal of videos without demur.
15. The notification dated 07th July, 2017 as mentioned above inter-alia stated the You Tube videos picture were violative of the provisions of PAT Regulations, 1956 and other laws in force for protection of Jarawas and other tribes of A & N Islands and immediate necessary action was requested to be initiated for removal of inappropriate videos from the You Tube. The videos uploaded by the petitioner during the year 2015-2016 were consequently removed. The notification issued by the National Commission for Scheduled Tribes categorically stated penalty provisions for promoting tourism through advertisement relating to aboriginal tribes had been introduced in the year 2012. Whoever entered these areas in contravention of the notification 12 under section 7(which prohibits entry into reserve areas) for taking photographs or making videos shall be punishable with imprisonment up to three years. Section 3(i) (r) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities Act) 1989 is also attracted. The said notification did not indicate penal provisions with regard to the videos uploaded on the You-Tube channel which did not intend to propagate tourism, but were informative in nature. The notification directed removal of inappropriate videos from You Tube without attributing penalty or initiation of criminal cases against such persons or legal entities for uploading videos on You Tube concerning the aforesaid tribal groups without the objective of encouraging tourism or advertising tourism through such publication.
16. The penal provision in question, section 8(B) of the PAT Regulation is attracted only when it expressed promotion of tourism activities relating to aboriginal tribes directly or indirectly. The essential elements of intent to promote tourism or public display for such purpose must be established. On this aspect as stated above the charge sheet had been silent. Since the act on the part of the petitioner could not be relegated with that of an offence in view of Section 8(B) of the PAT Regulation 1956,as transpired from the charge sheet the penal provisions having been dropped further continuation of the criminal proceeding will result into abuse of the process of law. 13
17. The proceedings of G.R Case No.1056 of 2022 arising out of Central Crime Station Police Station Case No. 219 of 2017 dated 09.11.2017 and consequent Chargesheet No.29 of 2021 dated 16.06.2021 submitted under Section 8B of the Andaman and Nicobar Protection of Aboriginal Tribes Regulation 1956 as amended in 2012 currently pending before the Learned Chief Judicial Magistrate, Port Blair and all orders passed therein are quashed.
18. CRR/28/2025 is accordingly disposed of.
19. Urgent Xerox certified copy this judgment be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities.
(Ananya Bandyopadhyay, J.)