{"id":1126,"date":"2026-06-09T05:00:00","date_gmt":"2026-06-08T23:30:00","guid":{"rendered":"https:\/\/bharatlex-rinkutai.com\/?p=1126"},"modified":"2026-06-08T22:11:27","modified_gmt":"2026-06-08T16:41:27","slug":"2-historical-context-and-evolution","status":"publish","type":"post","link":"https:\/\/bharatlex-rinkutai.com\/?p=1126","title":{"rendered":"2. Historical Context and Evolution"},"content":{"rendered":"\n

The historical journey of the definition of obscenity is quite fascinating. In ancient India, the approach to literature was extremely open-minded. Examples include the temples of Khajuraho or texts like the Kamasutra, where the science of erotica was viewed as an art and a science. In that era, depictions of the human body were not considered impure. Today, controversies often arise regarding these two aspects. However, since temples and ancient texts are incomplete or contextual, using them as references to justify modern lascivious obscene material is incorrect.<\/p>\n\n\n\n

During British rule, the influence of Victorian morality increased. Just a century ago, in European countries, fully covering clothes were worn. If one were to sew a Cinderella gown from that time, it would require at least 10 meters of fabric, more than a nine-yard saree. What changed in a hundred years that exposing the body now signifies proven freedom? In 1860, the Bharatiya Penal Code (IPC) was implemented, under which Section 292 banned obscenity. At that time, the Hicklin Test was used, according to which if a piece of literature could corrupt a person with a weak mind, it was deemed obscene.[1]<\/a><\/p>\n\n\n\n

After independence, the Bharatiya judiciary made several changes to this. In the 1960s case of Ranjit Udeshi vs State of Maharashtra, the Supreme Court clarified the difference between artistic value in literature and objectionable obscenity. This evolutionary journey has now reached the digital age, where new criteria are applied according to changing times through the Information Technology Act and the Bharatiya Nyaya Sanhita. Today, not just physical exposure, but the intent behind it and its impact on society are given greater importance.<\/p>\n\n\n\n

2.1 From Colonial Laws to the Digital Age: A Legal History.<\/strong><\/p>\n\n\n\n

The journey of the section related to obscene material in Bharatiya legal history, from colonial mentality to the modern digital age, has been highly intriguing. During British rule, the Bharatiya Penal Code was implemented in 1860. In independent India, the Hicklin Test given by British judge Alexander Hicklin was used. According to this test, if even a small part of the material could corrupt someone’s mind, the entire material was deemed obscene. This approach was extremely narrow and did not give importance to the author’s original intent.<\/p>\n\n\n\n

After independence, the Bharatiya judiciary began modifying this colonial definition. In 2014, the Supreme Court adopted the Community Standards Test. This means that the value of literature is now determined not just from one person’s perspective but based on contemporary thinking in society. In this, the artistry and social utility of the literature began to be examined.[2]<\/a> Even today, such material is wrongly considered acceptable. Self-proclaimed intellectuals on TV and social media try to prove that this vulgarity is normal, which is extremely incorrect.<\/p>\n\n\n\n

With the arrival of the Information Technology (IT) Act in 2000, new rules were made for online content. Now, with the Bharatiya Nyaya Sanhita (BNS) introduced in 2023, all these historical changes have been consolidated to create a new legal framework in the modern digital context. This now includes not just printed material but also digital data, videos, and AI content. This is necessary because viewing obscene material arouses excitement in many people’s minds, leading them to commit various crimes from molestation to rape.<\/p>\n\n\n\n

2.2 Art or Obscenity \u2013 Why Historical Controversies over Temple Sculptures and Literature Are Misplaced?<\/strong><\/p>\n\n\n\n

The controversy over the connection between temple sculptures and literature often arises due to lack of context. There are several major reasons why this controversy is misplaced. First, in ancient Bharatiya culture, the four Purusharthas, Dharma, Artha, Kama, and Moksha, were given equal importance.[3]<\/a> The sculptures on temple walls were not mere physical exhibition but symbols of the wholeness of life. Just as devotion is important, accepting creativity and human emotions was considered part of spiritual progress. Therefore, these sculptures were not considered obscene at that time but normal. And not all temples had sculptures depicting indulgence and lustfulness carved on them.[4]<\/a><\/p>\n\n\n\n

The second reason is the purpose of the art. The intent of obscene material is solely to arouse lust, whereas temple sculptures are examples of high-quality architecture and beauty. These sculptures depict various stages of human life. After the arrival of the British, due to their Victorian morality, we began viewing our own art through a narrow lens, intensifying this controversy.[5]<\/a><\/p>\n\n\n\n

The third reason is that when these temples were built, whether for common people or royal family member, a loincloth around the waist and cloth covering the hips were essential for all; covering the chest was optional. Since these temples were built before the British arrived, using them as a reference to fuel perversion is foolish. In today’s modern era, we forget the difference between art and perversion. Linking historical artworks to modern obscene material is akin to insulting the mature thinking of that era. In short, this literature or art was a reflection of the free and natural thinking of society in that time, which does not fit into today’s definition of obscenity.<\/p>\n\n\n\n

2.3 The Cinema Era: Battles Over Censorship from Independence to the 1990s<\/strong><\/p>\n\n\n\n

After independence, the history of obscenity and censorship in Bharatiya films has been one of great struggle. The Cinematograph Act of 1952 introduced the film certification system, leading to the birth of the Censor Board. In the early years, the 1950s and 1960s, censorship was extremely strict. There was an unofficial ban on showing kissing scenes or exaggerated intimacy on screen. This is why symbols like flowers touching each other or two birds coming close were often used.[6]<\/a> This era, at least in this regard, focused on preserving Bharatiya values.<\/p>\n\n\n\n

In the 1970s and 1980s, violence and some glamour increased in films. During this period, many films faced the Censor Board’s scissors due to their bold scenes. The 1990s truly marked change. In this decade, double-meaning lyrics in songs and certain dance movements sparked major controversies. For example, songs from films like Khalnayak or Phool Aur Kaante fell into the censorship trap. This battle was not limited to visuals but was a conflict between freedom of expression and social morality. By the end of the 1990s, globalization brought some relaxation in censorship standards, laying the foundation for the freedom in today’s OTT era. But how appropriate is it to exhibit scenes that fuel sexual crimes in the name of freedom of expression? Viewing such scenes deteriorates mental health, is this a violation of the right to health?<\/p>\n\n\n\n

2.4 The Internet Explosion: How the 2000s Changed the Definition of Obscenity.<\/strong><\/p>\n\n\n\n

The internet explosion in the 2000s was revolutionary in changing the definition of obscenity. In this decade, information was democratized, and material previously available only in print or theaters reached people’s computers directly. During this time, the definition of obscenity shifted from ‘public’ to ‘private’. Due to the internet, people began viewing content from the privacy of their homes, rendering old legal criteria about public display insufficient. In this era, MMS scandals and misuse in cyber cafes increased, posing new challenges to the law.[7]<\/a><\/p>\n\n\n\n

The second major change was user-generated content. Now, not only professionals but ordinary people also started creating content through camera phones. This expanded the definition of obscenity beyond commercial trade to include personal privacy and cyber criminality. To address these changes, Bharat implemented the Information Technology Act (IT Act) in 2000. This decade proved that obscenity cannot be stopped merely by bans; technological monitoring and digital literacy are essential.[8]<\/a><\/p>\n\n\n\n

2.5 Case Studies: Important Judicial Decisions That Shaped Obscenity Laws.<\/strong><\/p>\n\n\n\n

The Bharatiya judiciary has clarified the definition of obscenity through various cases. Three main cases have been milestones in this.<\/p>\n\n\n\n

First, Ranjit Udeshi vs State of Maharashtra: This case was based on D.H. Lawrence’s book Lady Chatterley’s Lover. In it, the Supreme Court used the Hicklin Test for the first time. The court clarified that if the purpose of the material is solely to spread lust and it lacks social interest, it will be deemed obscene.[9]<\/a><\/p>\n\n\n\n

Second, Samaresh Bose vs West Bengal: This decision liberalized the definition of obscenity. The court stated that mere description of sexuality does not constitute obscenity. The author’s perspective and the literary value of the material must be examined. Material that does not appear merely perverted to a cultured person does not fall under the law as obscene.[10]<\/a><\/p>\n\n\n\n

Third, Aveek Sarkar vs West Bengal: This case involved a nude photograph of tennis player Boris Becker. In it, the court completely rejected the Hicklin Test and adopted the Community Standards Test. The court clarified that an image or material must be viewed in its entire context; it cannot be deemed obscene based on one part alone. These cases proved that the law is now based not only on morality but also on freedom of expression and artistic value.[11]<\/a><\/p>\n\n\n\n

\n\n\n\n

[1]<\/a> \u201cHicklin rule\u201d, EBSCO Knowledge Advantage, available at: https:\/\/www.ebsco.com\/research-starters\/law\/hicklin-rule, Last visited on 2.12.2025<\/p>\n\n\n\n

[2]<\/a> Nishtha Chopra, \u201cWhat is Obscene in India: Is the Community Standards Test the Best Answer?\u201d, Constitutional Law Society, available at: https:\/\/clsnluo.com\/2023\/07\/16\/what-is-obscene-in-india-is-the-community-standards-test-the-best-answer\/, Last visited on 2.12.2025<\/p>\n\n\n\n

[3]<\/a> Rahul Dudhane, \u201cFour Purusharthas: The Hindu Concept of Life\u2019s Purpose and the Path to Dharma, Wealth, Desire, and Liberation\u201d, Hinduism Facts, Dt. 1.4.2025, available at: https:\/\/hinduismfacts.org\/four-purusharthas\/, Last visited on 2.12.2025<\/p>\n\n\n\n

[4]<\/a> Rupsa Chakraborty, \u201cThe Motivation Behind the Erotic Sculptures of Khajuraho\u201d, Hubpages, Dt. 19.1.2025, available at: https:\/\/discover.hubpages.com\/art\/the-truth-of-the-erotic-sculptures-on-khajuraho-temples, Last visited on 2.12.2025<\/p>\n\n\n\n

[5]<\/a> PsychologyFor Editorial Team. (2025), \u201cVictorian Morality: What it Was and What Were Its Characteristics\u201d PsychologyFor, https:\/\/psychologyfor.com\/victorian-morality-what-it-was-and-what-were-its-characteristics\/, Last visited on 2.12.2025<\/p>\n\n\n\n

[6]<\/a> Charu Thakur, \u201c100 Years of Cinema: History of kissing on screen\u201d, News 18, Dt. 20.2.2013, available at: https:\/\/www.news18.com\/news\/india\/100-years-of-cinema-history-of-kissing-on-screen-591942.html<\/p>\n\n\n\n

[7]<\/a> Sharon aneja, \u201cObscenity Laws in India: Historical Context, Key Cases & Challenges\u201d, Tax Guru, Dt. 11.11.2024, available at: https:\/\/taxguru.in\/corporate-law\/obscenity-laws-india-historical-context-key-cases-challenges.html,<\/p>\n\n\n\n

Last Visited on 2.12.2025<\/p>\n\n\n\n

[8]<\/a> Ms. Neha khanna Mr. Rohit Khanna, \u201cThe Impact Of Digital Media On Obscenity Standards Vis A Vis Vagueness Of Laws In India\u201d, 2025 IJNRD, Volume 10, Issue 2 February 2025, ISSN: 2456-4184, IJNRD.ORG.<\/p>\n\n\n\n

[9]<\/a> Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881<\/p>\n\n\n\n

[10]<\/a> Samaresh Bose vs West Bengal, 1972 SCC(CRI) 761<\/p>\n\n\n\n

[11]<\/a> Aveek Sarkar vs West Bengal, (2014) 1 MADLW(CRI) 677<\/p>\n\n\n\n

<\/p>\n\n\n\n

<\/p>\n\n\n\n

<\/p>\n\n\n\n

\"Digital<\/figure>\n\n\n\n
\n

Purchase my e-book “Digital Darkness” choose your language.<\/p>\n\n\n\n

\n
Marathi<\/div><\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
\n
Hindi<\/div><\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n
\n
English<\/div><\/a><\/div><\/div>\n<\/div><\/div>\n<\/div>\n\n\n\n
\n

Instead of doom-scrolling on mobile, just start reading good books. You can opt an option of e-books to save paper. <\/p>\n<\/blockquote>\n\n\n

\n
\n
\n \n \"Bhagavad\n <\/a>\n <\/div>\n
\n
\n
\n Bestseller #1 <\/div>\n
\n \n

\n Bhagavad Gita As It Is (Bengali) <\/h3>\n <\/a>\n <\/div>\n
\n
\n \u20b9251 <\/div>\n <\/div>\n <\/div>\n
\n
\n \n Buy on Amazon<\/a>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
\n
\n \n \"Bhagavad\n <\/a>\n <\/div>\n
\n
\n
\n Bestseller #2 <\/div>\n
\n \n

\n Bhagavad Gita – Iskcon <\/h3>\n <\/a>\n <\/div>\n
\n
\n \u20b9243 <\/div>\n <\/div>\n <\/div>\n
\n
\n \n Buy on Amazon<\/a>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
\n
\n \n \"Shrimad\n <\/a>\n <\/div>\n
\n
\n
\n Bestseller #3 <\/div>\n
\n \n

\n Shrimad Bhagavad Geeta in Bengali (\u09b6\u09cd\u09b0\u09c0\u09ae\u09a6 \u09ad\u0997\u09ac\u09a6 \u0997\u09c0\u09a4\u09be) <\/h3>\n <\/a>\n <\/div>\n
\n
\n \u20b9207 <\/div>\n <\/div>\n <\/div>\n
\n
\n \n Buy on Amazon<\/a>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

The second reason is the purpose of the art. The intent of obscene material is solely to arouse lust, whereas temple sculptures are examples of high-quality architecture and beauty. These sculptures depict various stages of human life. After the arrival of the British, due to their Victorian morality, we began viewing our own art through a narrow lens, intensifying this controversy.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[24],"tags":[62],"class_list":["post-1126","post","type-post","status-publish","format-standard","hentry","category-criminal-lex","tag-obscene"],"jetpack_featured_media_url":"","uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Rinku Tai","author_link":"https:\/\/bharatlex-rinkutai.com\/?author=1"},"uagb_comment_info":0,"uagb_excerpt":"The second reason is the purpose of the art. The intent of obscene material is solely to arouse lust, whereas temple sculptures are examples of high-quality architecture and beauty. These sculptures depict various stages of human life. After the arrival of the British, due to their Victorian morality, we began viewing our own art through…","_links":{"self":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts\/1126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1126"}],"version-history":[{"count":1,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts\/1126\/revisions"}],"predecessor-version":[{"id":1148,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts\/1126\/revisions\/1148"}],"wp:attachment":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}