Not every nude or sexual image can be considered obscene : Bombay HC

Mumbai – Bombay High Court ruled on 25th October that not every nude image or painting depicting sexual acts can be categorically deemed obscene. During this ruling, the Court ordered the publication of artworks by the late Francis Newton Souza and Akbar Padamsee, and directed the customs department to release their confiscated artworks. The Court referenced previous judgements during this session.

The aforementioned internationally renowned artists’ works were purchased at an auction in London by Mustafa Karachiwala, owner of Polymax India Pvt Ltd. The Assistant Commissioner and the Commissioner of Mumbai Customs had seized a total of seven artworks—four by Souza and three by Padamsee—and were set to destroy them. They also imposed a fine of ₹50,000.

The painting by Souza, known as ‘Lovers’, is valued at ₹40 crore. In 2023, allegations of obscenity were raised against his works.

What would you say about Khajuraho Temples ?

The Court said that while not every such artwork may be granted approval, customs officials did not bother to seek the opinion of any experts. It is unacceptable for them to impose a ban based solely on personal conclusions. The meanings of sexual relationships and obscenity cannot always be considered synonymous. What do you say about the Khajuraho temples ? You cannot diminish their national and cultural value under the guise of obscenity.