Nude but Not Obscene: Bombay High Court Overrules Customs on Art Seizure

The Bombay High Court ordered the release of artworks by F N Souza and Akbar Padamsee, previously seized by Customs for being 'obscene'. The Court ruled that nude paintings are not inherently obscene and criticized the Customs' arbitrary judgment. The decision emphasizes respecting artistic freedom and expertise.

The Bombay High Court has declared that not every nude painting qualifies as obscene, ordering the Customs department to release artworks by renowned artists F N Souza and Akbar Padamsee. These works were seized on the grounds of being 'obscene material' last year.

Justices M S Sonak and Jitendra Jain quashed a 2024 order from Mumbai Customs, citing 'perversity and unreasonableness'. They emphasized that obscenity strictly concerns materials that appeal to prurient interests. Customs' interpretation, the court argued, cannot be subjective or arbitrary.

The Court's ruling responded to a petition filed by B K Polimex India Pvt Ltd, owned by art enthusiast Mustafa Karachiwala, opposing the Customs action. The artwork must be returned within two weeks, as the decision stresses the importance of artistic freedom and expert opinion over personal biases.

(With inputs from agencies.)