“Nude paintings aren’t obscene”, Bombay High Court orders to release seized artwork

New Delhi, 26 Oct 2024

The Bombay High Court recently made a decision regarding art and censorship. The court ordered the Customs department to release a collection of artwork by famous Indian artists F N Souza and Akbar Padamsee, which had been seized for allegedly being “obscene.” The Customs department had blocked the artworks from entering India, claiming that they were inappropriate because some depicted nudity or intimate scenes. Also Read: Shriram Bharatiya Kala Kendra presents the 68th Year of its Masterpiece “SHRI RAM”

A division bench, including Justices M S Sonak and Jitendra Jain, reviewed the case and disagreed with the Customs department’s decision. The judges emphasized that not all nude art is obscene and stated that nudity or sexual themes alone don’t automatically make art inappropriate. They explained that “obscene” material is usually something that’s meant to provoke inappropriate thoughts or desires, rather than a simple depiction of the human form.
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This court case was sparked by a complaint from Mustafa Karachiwala, a businessman and art collector who had legally acquired these artworks at auctions in London. When he brought the pieces to Mumbai in April 2023, the Customs department seized them, labeling the collection as “obscene material” and refusing to release them. In July 2024, they officially ordered the artwork’s confiscation and even fined Karachiwala’s firm Rs 50,000.

Karachiwala challenged this decision, arguing that the artworks are part of India’s modern art heritage and were created by respected artists who introduced European modernism to Indian art. The High Court agreed with Karachiwala, noting that the Customs official had relied only on personal opinions, not on any expert input or consideration of the artists’ historical significance.

In its ruling, the court reminded officials that they must make decisions based on the law and not on personal likes or dislikes. The judges even referred to a 60-year-old Supreme Court decision, which stated that classic artworks don’t need to be censored or altered to be acceptable.

As a result, the High Court ordered the Customs department to release the seized artwork within two weeks. This decision highlights the importance of recognizing and protecting artistic expression, while also showing that the interpretation of art shouldn’t be limited by individual views.