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The Law Relating to Obscene Publications in India

AN attempt will be made in the present paper to consider the law of obscene publications in India, and its possible reform. Some comparisons will also be made with English law where such comparisons appear constructive. Before embarking on this attempt, it is thought necessary to consider certain characteristics of Indian society, including general attitudes toward obscene publications. As has often been remarked, despite the rapid social changes which are going on, modern India is a conservative society, especially at the village level. Much sexual puritanism exists in India,1 although the complex cultural heritage of the country includes such elements as the temples at Khujuraho and Kornak, where sculptures depict both explicitly and in elaborate detail certain kinds of sexual activity, and also Tantric writings which sometimes treat sexual expression as a way to spiritual knowledge.2 It would, however, be generally true to say that, despite the elements in Hindu religion and culture which made such forms of thought and expression possible,3 Hindu society still places a high valuation on restraint and chastity, and that few would question the need for some legal control of the dissemination of obscene materials.