Not Every Nude Painting is Obscene: Bombay HC

Aakhir Tak – In Shorts

• Bombay High Court ordered Customs to release renowned artists’ nude paintings.
• The court clarified that not every nude or sexual depiction is obscene.
• The Customs decision was deemed unreasonable and unlawful by the court.

Aakhir Tak – In Depth

In a landmark decision, the Bombay High Court on Friday directed the Customs Department to release paintings by renowned artists FN Souza and Akbar Padamsee that had been seized on grounds of “obscenity.” Customs had held these artworks, citing nudity as obscene, but the court ruled that not every nude depiction should be labeled obscene. Justices MS Sonak and Jitendra Jain dismissed the seizure order, calling it unreasonable. The court stressed that obscenity does not solely hinge on sexual depictions and that understanding the distinction between art and obscenity is essential.

Referring to a Supreme Court judgment from 60 years ago, the court stated that censoring such artistic works solely based on personal beliefs is unjustified. The petitioner, art collector Mustafa Karachiwala, had purchased these artworks in London in 2022, but Customs seized them upon arrival in Mumbai. The petition challenged Customs’ accusations as a violation of artistic freedom and argued that the artworks deserved recognition as national treasures of modern art.

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