| Section 292 IPC: Publication of a book, pamphlet, paper, writing, drawing, painting, representation, figure, etc., will be deemed obscene – If it is lascivious (i.e. expressing or causing sexual desire) or Appeals to the prurient interest (i.e. excessive interest in sexual matters), or If its effect, or the effect of any one of the items, tends to deprave and corrupt persons, who are likely to read, see, or hear the matter contained in such materials. |
- The Bombay High Court ordered the Customs Department to release confiscated artworks by Francis Newton Souza and Akbar Padamsee within two weeks. These artworks had been seized in 2023 due to alleged obscenity.
- A Division Bench quashed an order from the Customs Commissionerate that confiscated the artworks.
- The court found the order “perverse and unreasonable,” stating that “sex and obscenity are not always synonymous” and that obscene material involves an appeal to prurient interest.
- This ruling emphasizes a nuanced interpretation of obscenity, reinforcing the distinction between art and material intended solely to provoke prurient interest.
- The freedom of expression, including artistic expression, is protected by the Constitution under Article 19(1)(a).
- However, this freedom is not absolute and is subject to reasonable restrictions, including restrictions on obscenity.
- S.Khushboo vs Kanniammal (2010) the Supreme Court held that a public figure’s views on pre-marital sex or sexual behaviour cannot be considered obscene unless they are sexually explicit or contain vulgar language.
- However, in Devidas Ramachandra Tuljapurkar vs The State of Maharashtra (2005) the Supreme Court held that a film that depicts sexual acts in a vulgar and obscene manner cannot be considered art or culture.
Dig Deeper: Read about measures to tackle obscenity in Cyber Space and Study ancient Indian sculptures in temple architecture e.g., Khajuraho.
