In legal terms, ‘obscenity’ can be defined as an indecent expression which could be displayed through words, actions or gestures.
Ethical Issues Surrounding Obscenity
- Freedom of Expression vs. Obscenity Laws: Constitution guarantees freedom of speech under Article 19(1)(a), but this right is restricted by laws like the Bharatiya Nyaya Sanhita (BNS), 2023 (e.g., Section 294, Section 296).
- Subjectivity in Defining Obscenity: Lack of an objective definition of obscenity leads to subjective interpretations.
- E.g., The Aveek Sarkar v. State of West Bengal case, where Supreme Court acknowledged that what is considered obscene in one community may not be in another.
- Censorship vs. Artistic Freedom: Tension between censorship to protect public morality and freedom of artists to express themselves creatively.
- E.g., In Maqbool Fida Hussain v. Raj Kumar Pandey case, court ruled that nudity alone does not constitute obscenity, highlighting ethical dilemma between artistic expression and societal norms
Key Recommendations for Obscenity
- Define obscenity clearly, contextually sensitive, avoiding subjective terms.
- Application of Harm Principle: Restrictions on obscenity should aim to prevent harm, not merely offend public sensibilities.
- Adopting Community Standard Principle: Implement a 'Contemporary Community Standard' test, reflecting societal morals evolving with time and community values.
Legal Provisions related to Obscenity
Judicial Pronouncements related to Obscenity
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