It has been described as a ‘basic human right’, ‘a natural right’ and the like.
It has been truly said that it is mother of all liberties.
It occupies a preferred position in the hierarchy of liberties, giving succour and protection to all other liberties. The freedom of speech and expression is regarded as the first condition of liberty. Thereafter obscenity was recognized as an indictable misdemeanour under common law.ĭECENCY AND MORALITY: EXCEPTION TO FREEDOM OF SPEECH AND EXPRESSION His sentence (a fine and one hour in the pillory) was due to the fact that there was no specific law on the subject matter. He had published a new edition of Venus in the Cloister or, The Nun in Her Smock, a mildly pornographic work. The first person to be convicted on a charge of obscenity in England was bookseller Edmund Curll way back in the 1720s. By the 17th century, such books and prints had become widely available throughout Europe governments and church authorities responded by arresting and prosecuting publishers and distributors. There was a wide and easy distribution of sexually explicit material. The invention of the printing press sowed the seed of modern obscenity law. Immoral works also were suppressed in Protestant countries such as England, where, prior to the 18th century, restrictions were applied almost exclusively to anti-religious or seditious acts or publications, rather than to obscene material in the modern sense. In 1542 Pope Paul III established the Sacred Congregation of the Roman Inquisition which was vested with the task of suppression of heretical and immoral books. The research is based on doctrinal research methodology and collected material from different websites, books and journal.Īs early as 4th century, Roman Catholic Church had taken the first move by banning few heretical works. I will also try to find out what are the different statutory provisions that deals with the issue of obscenity. In this project I will try to figure out the different tests laid down by Supreme Court of India in catena of judgements to define obscenity. Indian Courts chosen to adopt the Hicklin test in starting but then it deviated to some other test with time to define obscenity. What is obscene in the present day should not be treated as obscene in the future. Indian laws and Supreme Court as well could not articulate the meaning of obscenity. It is true that the definition of word obscenity would change from time to time. With regard to the meaning and definition of obscenity, it is difficult to give any precise and particular definition in view of cultural, religious and social diversity in the society.
What is immoral for one may not be so for others. Obscenity is a global and complex issue because it involves other related issues like decency and morality which varies from society to society. But is the gesture really violating someone’s sentiments or it’s just a unique or new thought to express himself or his work? This difference in thinking makes the word obscenity obscure, so it is too difficult to know what really Obscene and what is not. A unique gesture of a person to present himself or his work makes someone or the whole society uncomfortable. We are living in the 20th century, in the era of developing thoughts and new culture, with the people having new and old traditions with their different culture and sentiments that makes us a member of society.