Obscenity in India

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Obscenity in India

Obscenity in India: Milind Soman, a Bollywood actor is charged with obscene allegations by Goa police after posting a picture of himself on a Goa beach. An FIR has been registered against him under Section 294 (obscenity) of the Indian Penal Code, 1860 (IPC) and other relevant sections of the Information Technology Act, 2000.

Section 294 of the IPC deals with obscenities as well as Sections 292 and 293. The term ‘obscene’ or ‘obscene’ is not properly defined in the IPC. This law was introduced because the English were not so comfortable in exposing the skin. There are consistent opinions on what is ‘correct’ and ‘acceptable’. The famous Urdu writer Sadat Hassan Manto was tried six times – three times, under Article 292 of the IPC in British India before 1947, and on similar occasions after independence in Pakistan.

Reference

“A book, pamphlet, paper, writing, drawing, drawing, representation, or other object is considered shameful if it is lustful or attracts a delicate interest,” the rule states. In addition, generally, all materials that ” deprave and corrupt person” are subject to the following rules. It actually prohibits the sale, distribution, and licensing of goods, such as leasing, importing or exporting, trading, or profiting from or advertising them in any way.

  • Hicklin test

Hicklin test allows for scenes to be looked at sans context. In other words, the test permits one to look at the allegedly obscene material in a vacuum, which isn’t ideal.

  • Roth test

In this test, the material is obscene if the dominant theme was taken as a whole appeal to the prurient interest of the average person, applying contemporary community standards. The insistence was on viewing the work as a whole.

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