The case Samaresh Bose and Another v. Amal Mitra and Another (1985) revolved around the Bengali novel Prajapati, authored by Samaresh Bose and published in the Desh journal. Amal Mitra filed a complaint, contending that the novel included obscene content that could corrupt morals as defined under Section 292 of the IPC. Following a conviction in lower courts, the authors appealed to the Supreme Court.
The Supreme Court reversed the earlier convictions, concluding that the novel did not satisfy the legal criteria for obscenity. It established that sexual content alone does not render a literary work obscene; rather, context, intent, and literary merit must be integral to the evaluation process. Consequently, the fines imposed were refunded, and both appellants were acquitted of all charges.
The Supreme Court stressed that simple sexual references or unconventional language do not automatically classify a literary work as obscene. It recognized that Prajapati possessed social and literary significance, with themes that did not corrupt or deprave its readers.
This landmark ruling solidified that assessments of obscenity require a holistic approach, thereby safeguarding artistic expression unless there is a clear violation of public morality. The decision marked a pivotal moment in the legal landscape surrounding literature and its interpretation in India.
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