Limits of ‘Community Standard Test’ in obscenity jurisprudence of the Indian Supreme Court

Authors

  • Dhananjya Kumar Mishra

DOI:

https://doi.org/10.48001/veethika.2022.08.02.003

Keywords:

Obscenity, Community standard, offence

Abstract

Community standard sprint down as the test to determine the conceptualization of obscenity in India, which is subject to multipronged interpretations by the constitutional sentinel to provide the safeguard for adolescent and general public in the respect of detrimental activity which is fanning the prurient, lascivious and libidinous interest. Hence analysis on ‘community standard test’ requires the methodological and prospective approach of jurisprudential wisdom to understand the Indian society accordingly, so far as the Indian Mythology is concerned, obscenity was considered as the highest form of sin which was prohibiting women to exhibit the private part of her body. Later on, the test of determination of obscenity was vehemently criticized on the tune of morality of the community sentiment of the society

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References

Maine, Sir Henry James Sumner, “Ancient Law, Its Connection with Early History of Society and Its Relation to Modern Ideas” John Murray, Albemarle Street, W. 1905.

Vibhute, K I, “PSA Pillai’s Criminal Law” LexisNexis Butterworths Wadhwa, Nagpur, Edn-Tenth 2012.

R. V. Hicklin (1968)3 QB 360.

Miller v. California 413US 153 (1973)

Samaresh Bose v. Amal Mitra AIR 1986 SC 967

Bobby Art International v. Om Pal Singh Hoon, (1996) 4SCALE 75.

Ranjit D. Udeshi v. State of Maharastra AIR 1965 SC 881.

Memoirs v. Massachusetts 303 US 413, 418 (1966)

Narendra H Khurana & Ors v. Commissioner of Police & Anr, (2004) Cr.LJ 3393 (Bom).

State of Maharashtra v. Miss Joyce (1976) ILR Bom 1299.

Indian Penal Code 1860

Morrison, Wayne. “Jurisprudence: From the Greeks to Post-Modernity” Routledge-Cavendish; 1st edition, 2016.

Bodenheimer, Edgar. “Jurisprudence: The Philosophy and Method of the Law” Harvard University Press, 1962.

Derrida, Jacques “Of Grammatology”, John Hopkins University Press, Baltimore, First American Edition 1976.

Foucault, Michel. “The History of Sexuality”, Editions Gallimard, Vol.1, Penguin Publication, 1978.

Published

2022-06-30

How to Cite

Mishra, D. K. (2022). Limits of ‘Community Standard Test’ in obscenity jurisprudence of the Indian Supreme Court. VEETHIKA-An International Interdisciplinary Research Journal, 8(2), 8–10. https://doi.org/10.48001/veethika.2022.08.02.003

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Articles