Polity & Governance Practice Question›› Indian Polity ››
Fundamental Rights
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Freedom of Speech and Expression
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Question 1
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Consider the following statements with respect to Obscenity in india:
1. It is not defined in any statute in India.
2. Nudity is considered obscene, irrespective of its artistic or social value.
3. It is explicitly mentioned as reasonable restrictions under Article 19(2).
How many of the statements given above is/are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Explanation Context: Ranveer Allahbadia, founder of Beer Biceps, and comedian Samay Raina were under investigation by Mumbai police for allegedly obscene comments made on the YouTube show India’s Got Latent.
Statement 1 is not correct: Section 294 of BNS 2023 (Formerly Indian Penal Code Section 292) Section 292 of the Indian Penal Code (IPC) defines obscene content as material that is lascivious or appeals to prurient interest or tends to deprave or corrupt persons.
Statement 2 is not correct: Indian courts have held that nudity is not inherently obscene. In the case of Aveek Sarkar v. State of West Bengal, the Supreme Court adopted the "Community Standards Test," which assesses material in its entirety and considers contemporary societal norms.
Statement 3 is not correct: Article 19(2) permits reasonable restrictions on free speech in the interests of decency or morality, but not explicitly on obscenity.Courts have interpreted obscenity as a subset of decency or morality, meaning the restriction is implicit, not explicit.
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