Interpreting Censorship: A Comparative Study of Obscenity and Pornography in Indian Jurisprudence

This article presents a comprehensive study of obscenity and pornography in the Indian legal system, analyzing the provisions under statute, judicial interpretations, emerging challenges, international perspectives, and influences. Drawing from historical references like the Khajuraho temples and the Kamasutra, this study explores the delicate balance between freedom of expression and public morality in the Indian context. Through an examination of landmark court cases and evolving jurisprudence, it provides insights into the legal principles employed and the challenges in navigating this complex terrain. The article also considers international perspectives, including the use of tests like the Hicklin, Roth, and Miller tests, in determining obscenity. The purpose of this study is to contribute to the ongoing discourse on censorship, freedom of speech, and the protection of public morality, offering a nuanced understanding of the Indian legal system’s approach to regulating explicit content in a diverse and rapidly changing society.