Scanning Legal Construction of Obscenity in India through a Feminist Lens
Obscenity is considered objectionable because of varied reasons, like ‘immorality’ and ‘patent offensiveness’ or ‘indecency’. Defining obscenity is quite difficult as what is obscene varies according to time and place. Also it depends on individual and community perception of what is deemed moral and indecent. However, the legal definition of obscenity centres on sexual immorality and directly comes in conflict with free speech. Feminist on the other hand questions to limit obscenity only to sexual immorality. They claim that obscenity relates to power and the dominance of male over female. And this dominance is represented through societal and cultural values. The paper will analyze how law addresses the question of obscenity concerning women and will explore the relationship between law, morality, power and dominance.