Obscenity and the Legal Ambiguity in India: A Critical Analysis.

MUGDHA DWIVEDI; ADITYA PRANAV DWIVEDI

Obscenity and the Legal Ambiguity in India: A Critical Analysis.

Author(s)	MUGDHA DWIVEDI, ADITYA PRANAV DWIVEDI
Country	India
Abstract	The term "obscene" refers to materials or acts that are either repugnant to the senses or offensive in a sexual context, with the intent to provoke lust or immoral thoughts in individuals. While the Constitution of India guarantees the right to freedom of speech and expression under Article 19(1)(a), provisions of the Indian Penal Code (IPC) and other statutes discussed herein impose restrictions by penalizing expressions deemed "obscene." However, despite the term's dictionary definition, the precise legal interpretation of "obscene" remains unclear. Judicial efforts to define the term have often resulted in misinterpretations, leading to a restriction on the freedom of speech and expression in its full constitutional sense, while also contributing to a misapplication of penal provisions surrounding obscenity. This paper critically examines the legal framework governing obscenity in India, analyzing the inherent ambiguities and comparing these with the laws in jurisdictions such as the United Kingdom and the United States. It highlights instances where the judiciary has misjudged artistic expression as nudity or confused reality with vulgarity. The need for reform in India's obscenity laws is paramount, with the goal of striking a balance between protecting public interest and safeguarding the rights of creators and publishers. Moreover, in a democratic nation like India, where all citizens are entitled to equal fundamental rights, one individual’s right cannot unjustifiably override the same rights of another. This paper endeavors to shed light on the legal complexities surrounding obscenity, underscoring the importance of clearer and more just legal interpretations.
Keywords	Indecency, Freedom of expression, Obscene, Vulgar, Fundamental rights, Punishment, Offensive, Sexual, Provisions, Judicial system, Tendency, Exceptions, Qualifications, Constitutional remedies, alternative.
Published In	Volume 6, Issue 5, September-October 2024
Published On	2024-10-15
Cite This	Obscenity and the Legal Ambiguity in India: A Critical Analysis. - MUGDHA DWIVEDI, ADITYA PRANAV DWIVEDI - IJFMR Volume 6, Issue 5, September-October 2024.

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Obscenity and the Legal Ambiguity in India: A Critical Analysis.

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