Assistant Professor at C.M.P. Degree College, University of Allahabad, India
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 Drawing from historical references like the Khajuraho temples and the Kamasutra, this study explores the delicate balance between freedom of expression and public morality in the Indian context.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.
Research Paper
International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 161 - 173
DOI: https://doij.org/10.10000/IJLMH.115375This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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