“It is often quoted that, beauty lies in the eyes of the beholder, like the beauty in the reclining female nude ‘Titian’ (1485-1576) or the heroic ‘David’ by Michelangelo Buonarroti (1475-1564). They are more than sum of their parts; they reflect very specific notions of beauty. We find more than pearly ‘flesh’ in Titian. We see moral code, notably the expression of virginity, chastity and fidelity. The fiery intensity of David’s facial expression exemplifies the terribilità (emotional intensity) and the whole figure demonstrates his mastery of the male nude. Not only in Western art, but in Indian art also erotic sculptures appear on the very earliest temples like the ‘Mithuna’ image or the erotic couple in Bhubaneshwar, Konarak and Puri in …show more content…
The current laws criminalise selling, distributing and publicly displaying obscene or pornographic material. The primary concern underlying this is safeguarding of public morality and decency” . But due to the enactment of such laws the freedom of art under the fundamental right of Freedom of Speech and expression gets violated. “Freedom of Speech and expression means the right to express one’s own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government. It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to become moral and enlightened citizens” . The importance of freedom of Speech and expression can be understood by the fact that the preamble of the Constitution of India itself ensures to all citizens the liberty of thought, expression, belief, faith and worship. Article 19(1) (a) of the Constitution of India guarantees to all its citizens the right to freedom of speech and expression. However under Article 19(2) reasonable restrictions can be imposed on the exercise of this right for certain purposes like if it is in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. But the main question that arises is that whether the Freedom of art, under the pretext of being ‘obscene’, can be curbed of being against public decency or