Hicklin Test
Introduction
Article 19(1)(a) guarantees every citizen the right to freely express themselves. This means people can speak their mind, share ideas, write, paint, and express themselves in any peaceful way they choose. It’s like saying everyone has the freedom to be themselves and share what’s important to them without fear. However, Article 19(2) of the Indian Constitution allows for legislative limitations on the right to free expression in the sake of decency or morality. The word obscene comes from the Latin word “obscenus”, which means foul, repulsive, or detestable. Obscenity can be considered as displeasing content that has the ability to morally degrade individuals. The Oxford dictionary defines obscene as offensive or disgusting by accepted standards of morality and decency. Although, despite having a dictionary definition, the precise interpretation of ‘obscene’ remains unclear and ambiguous. Obscenity is often defined differently around the globe influenced by norms and the historical evolution of cultures.
To deal with this arguable term obscenity the Hicklin test was introduced which states that material could be deemed obscene if it had the ten
Aveek Sarkar
Mr. Aveek Sarkar,the Vice Chairman of the ABP Group of Publications and Editor Emeritus,is one of the most prominent personalities in the Indian publishing scene. It could be said with all justification that editorial work is in his genes. Both his father and his grandfather were distinguished editors. Aveek Sarkar started training as a journalist while he was a student, just out of school. Once he had finished his graduation from the University of Calcutta he went to Britain for further training. In Britain, he was tutored by the legendary Harold Evans, then the editor of The Sunday Times. Back in India, as the Chief Editor of the ABP Group, he was the moving force behind the transformation of the ABP Group of Publications from a regional house into a prominent national group. He led the group's entry into television by acquiring Star News, which he refashioned into ABP News with separate channels in Bengali, ABP Ananda, and in Marathi, ABP Majha. His most recent achievement in the realm publishing is a joint venture with Fortune magazine. Under his stewardship, Fortune India has become the latest addition to the ABP bouquet of publications. Aveek Sarkar is a m
Case Name: Aveek Sarkar v. State of West Bengal
Citation: () 4 SCC
Court: Supreme Court of India.
Bench: K. S. Radhakrishnan, A.K. Sikri
Theme: What is the meaning of obscenity and how intention plays a vital role in such cases.
Subject: Indian Penal Code
Judgement: India
Brief Facts of Aveek Sarkar v. State of West Bengal
- A German magazine named “STERN” having worldwide circulation published an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with his dark-skinned fiancée named Barbara Feltus, a film actress, which was photographed by her father. The article states of an interview where both Boris Becker and Barbaba Feltus spoke freely about their engagement, their lives and future plans and the message they wanted to convey to the people at large through that photograph. Article picturizes Boris Becker as a strident protester of the pernicious practice of “Apartheid”. It was stated that the purpose of the photograph was also to signify that love champions over hatred.
- “Sports World”, a widely circulated magazine published in India reproduced the article and the photograph as cover story in its Issue 15 dated with the caption “Pos
Just now, in Aveek Sarkar v. State of West Bengal, the Supreme Court has held that a photograph of Boris Becker and his fiancee, in the nude, is not &#;obscene&#; within the meaning of S. of the Indian Penal Code. This judgment is particularly significant because it expressly rejects the Hicklin Test, the archaic rule for determining obscenity, that the Court has regularly used in its history &#; most notably, to uphold the ban on Lady Chatterly&#;s Lover in Ranjit Udeshi&#;s Case. Interestingly, by citing a number of countries where Lady Chatterly&#;s Lover was not found obscene, the Court seems &#; at least implicitly &#; to be expressing its disapproval of Udeshi, almost fifty years after it was decided (paragraphs 16, 17 and 22).
In contrast to the Hicklin Test, which was focused on individual or isolated aspects of an entire work that could be deemed obscene, as well as its impact on &#;vulnerable&#; sections of society, the Court adopts what it called the &#;community standards&#; test:
&#;A picture of a nude/seminude woman, as such, cannot per se be called obscene unless it has the tendency to arouse feeling or revealing an overt sexual desire. The pictur
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