Online ISSN: 2515-8260

A Comparison Of Laws And Jurisprudence On ‘Obscenity’ In India, The Us And The Uk

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Harikumar Pallathadka

Abstract

Every society abides by a specific code of morals. This is to protect the collective interests of everyone living in association and guard one's integrity. Morals also play a role in preserving culture. Weakening of one’s moral compass dissuades one from following the law and subsequently leads to the condoning of indecent acts and crimes. This disrupts the harmony of society and leads to an atmosphere of discomfort and lack of safety. Anything lacking in discipline or a sense of core values is thought to be immoral. Obscenity can be taken to be a form of immortality. Obscenity, in its wide ambit, may include any vulgar expressions, graphic or explicit descriptions, derogatory portrayal, vulgar depiction, or content capable of inciting moral repugnance. According to Black's Law Dictionary, “obscenity means character or quality of being obscene, and conduct tending to corrupt the public merely by its indecency or lewdness.” 1 According to Webster's New International Dictionary, “the word 'obscene' means disgusting to the senses, usually because of some filthy grotesque or unnatural quality, grossly repugnant to the generally accepted notions of what is appropriate.” 2 Both in language and law, obscenity has been defined loosely. Its meaning is affected mainly by the prevalent morality of the time. Although not adequately defined, various laws in our country regulate obscene published content in various media of expression – film, literature, art and critique. 1 Obscenity, Black’s Law Dictionary (10th ed. 2014) 2 Obscenity, Webster’s New International Dictionary (3rd ed. 1961) However, when it comes to the act of interpretation, a hard look into India’s preceding judgments on the matter shows us a picture of a dynamic and evolving concept of obscenity. The essence and scope of the term have been explained and interpreted differently by different Indian Judges by laying reliance on jurisprudence and various landmark case laws from the heavily influential United States of America and the United Kingdom.

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