A critical analysis on the law of obscenity in India

Gupta, Ridima and Ashwin V., Jayesh (2022) A critical analysis on the law of obscenity in India. Indian Journal of Law and Legal Research, 3 (2). pp. 1566-1573. ISSN 2582-8878

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Abstract

With the advent of time, the ‘community test’ as developed by the Supreme Court of India warrants reform on account of its regressive nature and the absence of cultural consensus within society. The test rests upon the way the majority perceives the material which renders a judgement’s effect limited to the territory occupied by the habitants of a particular place rather than a global standard of what can be accepted as obscene. Therefore, this test fundamentally goes against the ‘Harm Principle’ postulated by John Stuart Mill and recognized by the Supreme Court of India in Navtej Singh Johar vs Union of India1 in 2018. This paper will establish that the most efficacious approach for a diverse society like India would be the adoption of the test of ‘Harm Principle’, akin to the implementation in the jurisprudence of Canada and as opposed to community standard test which can safely be ruled out as archaic and arbitrary. The community standards test is bygone, and it is time to sever, judicially and philosophically its nucleus.

Item Type: Article
Uncontrolled Keywords: Community test | Harm principle
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 06 Mar 2022 10:51
Last Modified: 07 Apr 2026 04:00
Official URL: https://doi-ds.org/doilink/01.2022-24649673/IJLLR/...
URI: https://pure.jgu.edu.in/id/eprint/1489

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