The case pertains to the prohibition on import and confiscation ...

Customs ban on 'obscene' artworks overturned; court upholds artistic freedom and speech over arbitrary state censorship.

Case Laws     Customs

October 26, 2024

The case pertains to the prohibition on import and confiscation of seven drawings by renowned artists under Customs Notification No. 1/1964, deeming them obscene. The court held that the ability to communicate ideas through art is a legitimate human endeavour and cannot be controlled based on acceptability to authorities. Vesting obscenity determination powers in customs authorities risks arbitrary state behaviour imperilling fundamental freedoms. The impugned order ignored relevant considerations like expert opinions, artistic value, contemporary standards, and legal precedents, relying instead on individualized morality standards, personal prejudices, and frivolous grounds. Relegating the petitioner to departmental appeals risked destruction of the valuable artworks. The impugned order was set aside, and the petition was allowed, upholding artistic expression and freedom of speech.

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