Obscenity And Morality Essay

morality is to be determined with reference to the probable effects it may have upon the audience to which it is addressed. Decency and morality indicates a certain standard of behavior prevailing in society. Something which is offensive to modesty and decency is excluded from the constitutional protection by the constitution itself. Obscenity has been made an offence in India and various acts other that Indian Penal Code, like Indecent Representation of Women, Cinematograph Act have been centre around this idea of obscenity and public morality to promote decency and morality. The Supreme Court of India has explained the term obscenity in the light of morality by applying the Hickin Test. In Ranjit D Udeshi v. State of Maharashtra , the appellant was convicted under section 292 of Indian Penal Code for selling obscene publication (a book, Lady Chattereley’s Lover). Five judge bench held that something which is against public morality cannot be given freedom of speech and expression when the

Critics and conservatives often argue that publication and distribution of obscene articles (books or movies) are the leading cause of sex crimes like rape and molestation and justifies ban anything that may appeal to prurient interest. most psychologists testify to the harmlessness of obscene publications, and the early fixation of sexual patterns of conduct. Thus the only other reason to ban wide dissemination of obscene material is that is leads to lowering of moral standards of society. Determination of obscene content in any article is very subjective save, hardcore pornography and judging obscenity on the anvil of public morality which itself is very subjective. With no set standards as to what may constitute obscene punishment under section 292 IPC may be deemed to be retrospective as it is dependent on the censorship of the