Obscenity : A blurred photograph in an advertisement cannot be deemed obscene

High Court Dismisses Obscenity Complaint Against Newspaper Advertisement. Madhya Pradesh High Court upholds previous decisions, ruling that a blurred photograph in an advertisement does not meet the criteria for obscenity under Indian law.

In a significant ruling, the Madhya Pradesh High Court has dismissed a petition filed by Nagendra Singh Gaharwar, challenging the publication of a blurred photograph of a nude lady in an advertisement in the Dainik Bhaskar newspaper. The court upheld the decisions of both the Trial and Revisional Courts, which had earlier rejected the complaint on grounds of obscenity under Sections 292 and 293 of the Indian Penal Code and Sections 3, 4, and 6 of the Indecent Representation of Women (Prohibition) Act, 1986.

The case centered around an advertisement published in the Rewa edition of the newspaper, which featured a blurred photograph of a nude woman with strategically placed text obscuring key body parts. The petitioner argued that the photograph was obscene and violated Indian laws on indecent representation. However, the High Court, presided over by Justice Achal Kumar Paliwal, found that the photograph did not meet the criteria for obscenity as it did not tend to "deprave or corrupt" the minds of viewers.

Drawing on precedents from both Indian and international jurisprudence, the court applied the "community standards test" rather than the outdated "Hicklin test." The court noted that the photograph, when viewed in context, was not intended to excite sexual passion or corrupt the minds of the readers. It referenced the Supreme Court's decisions in cases such as Aveek Sarkar v. State of West Bengal and Ajay Goswami v. Union of India, emphasizing the importance of contemporary community standards and the overall context in which the material is presented.

The court's ruling highlights the evolving standards of obscenity and the balance between freedom of expression and public decency. It reaffirmed that mere nudity, when not accompanied by lascivious intent or prurient interest, does not constitute obscenity. This judgment is seen as a reinforcement of the freedom of the press and expression, allowing responsible media to operate without undue censorship.

Bottom Line:

Test of obscenity under Section 292 IPC and Sections 3, 4, and 6 of Indecent Representation of Women (Prohibition) Act, 1986 - A blurred photograph in an advertisement cannot be deemed obscene if it does not tend to deprave or corrupt the minds of viewers or excite sexual passion.

Statutory provision(s): Indian Penal Code Sections 292, 293, Indecent Representation of Women (Prohibition) Act, 1986 Sections 3, 4, 6, Criminal Procedure Code Section 482.

Nagendra Singh Gaharwar v. Manmohan Agrawal Chief Editor Publisher And Printer Dainik Bhasker News Paper, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2801025