Obscenity (Prevention, Law and Practice)

............................................................................................
Description
The terms "obscenity" and "pornography" have not been defined under the Indian law. One may find the ingredients of the term "obscene" under the Penal Code, 1860 and the Information Technology Act, 2000. It is also of importance to note that the term "obscene", in any case, cannot be defined under four corners. Since the term is elastic in the way the society perceives it. Some work could be considered as obscene in one part of the world, and the other part of the world, might not consider it as obscene. Therefore, it is difficult to put a straitjacket formula for the term obscene. Earlier, the Romans and the Greeks did not consider anything to be obscene. However, with the change in societal norms, the term "obscene" started getting much attention. Today, this has also changed as the courts have given a broader interpretation to the term "obscene".
Courts in India have interpreted the term "obscene" in terms of the changing societal norms. From the acknowledgement of the Hicklin test to the use of contemporary community standard test, the Supreme Court has devised a mechanism to understand what could be considered as obscene and what could not be considered as obscene. While applying
............................................................................................
Table of Contents
Table of Cases
Introduction
1. Law of Obscenity under the Penal Code, 1860
2. Law of Obscenity under the Dramatic Performances Act, 1876
3. Law of Obscenity under the Post Office Act, 1898
4. Law of Obscenity under the Cinematograph Act, 1952
5. Law of Obscenity under the Customs Act, 1962
6. Law of Obscenity under the Code of Criminal Procedure, 1973
7. Law of Obscenity under the Indecent Representation of Women (Prohibition Act), 1986
8. Law of Obscenity under the Cable Television Network (Regulation) Act, 1995
9. Law of Obscenity under the Information Technology Act, 2000
10. Law of Obscenity under the Information Technology (Intermediaries Guidelines) Rules, 2011
11 Law of Obscenity under the Protection of Children from Sexual Offences Act, 2012
12. Intellectual Property Law and Obscenity
13. Repealed Laws Related to Obscenity
14. Appendix
............................................................................................
Author Details
Saurabh Bindal : Advocate Partner, Fox Mandal and Associate
Foreword By : Justice B. R Gavai