abhishreshthaa
Abhijeet S
This paper looks into the need to reform outdated laws relating to obscenity in India. Laws which have been abused in order to restrict freedom of expression. The law covering obscenity is dealt with in the India Penal Code of 1860. Interestingly, these laws are relics of the colonial period and fundamentally at variance with the constitutional guarantees of freedom of expression. These laws relating to obscenity are directly inherited from British colonialism. A time where Britain experienced a period of what might be described as 'moral fundamentalist'.
One of the most controversial issue is balancing the need to protect society against the potential harm that may flow from obscene material, and the need to ensure respect for freedom of expression and to preserve a free flow of information and idea. The Constitution guarantees freedom of expression but in Article 19(2) it also makes it clear that the State may impose reasonable restriction in the interest of public decency and morality. The culminative effect of these provisions seems to sustain the legality of any act of the State which lawfully restrains the publication of 'obscene' material in India. The crucial question is, 'what is obscenity?'.
A brief study is done looking into the present obscenity law of India, the history of that law and the surrounding circumstances in which that law came into our statute book and the inadequacy of law. It further looks into the laws dealing with obscenity by different countries.
One of the most controversial issue is balancing the need to protect society against the potential harm that may flow from obscene material, and the need to ensure respect for freedom of expression and to preserve a free flow of information and idea. The Constitution guarantees freedom of expression but in Article 19(2) it also makes it clear that the State may impose reasonable restriction in the interest of public decency and morality. The culminative effect of these provisions seems to sustain the legality of any act of the State which lawfully restrains the publication of 'obscene' material in India. The crucial question is, 'what is obscenity?'.
A brief study is done looking into the present obscenity law of India, the history of that law and the surrounding circumstances in which that law came into our statute book and the inadequacy of law. It further looks into the laws dealing with obscenity by different countries.