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Much ado about Husain: Artworks seized, FIR sought against ‘offending’ gallery
Sachdeva’s lawyer told the court that a nude depiction ostensibly created by Husain was also exhibited but not seized by police
Two artworks by iconic painter MF Husain have been seized by the police after a Delhi court called for their confiscation earlier this week on a complaint by a Delhi lawyer, who alleged that they were “obscene” depictions of Hindu gods and goddesses, in an odd case that pits high art against robust religiosity.
The case was heard on Wednesday at the Patiala House court by judicial magistrate first class Sahil Monga, who reserved his verdict on fastening criminal liability for hurting religious sentiments on the organisers who put the artworks on display last month at the DAG (formerly Delhi Art Gallery).
Delhi high court lawyer Amita Sachdeva claimed that she saw the paintings at DAG last month, and felt offended by them because they depicted Lord Ganesha with a naked female figure on his lap, and Lord Hanuman holding a naked female figure in his hands.
The Delhi Police, which filed an action taken report (ATR) on Wednesday, informed the court that the artworks were taken from the art gallery, which was a “private space” and were now lying in the police malkhana.
Sachdeva’s lawyer told the court that a nude depiction, referred to as “Shakti”, ostensibly created by Husain, was also exhibited at the gallery but that artwork was not seized by the police.
During the hearing, advocate Makrand Adkar, appearing for Sachdeva, took objection to the police describing the gallery as a private space. He argued that the event held in December was a public exhibition or else “the complainant wouldn’t have visited” it. “The ATR should have had all the publicity given to this exhibition…it was exhibited throughout the country and was advertised on YouTube,” Adkar said.
“MF Husain might be a renowned painter but he has no right to insult my faith,” he submitted, seeking to make out a case against the managing director and CEO of DAG, and its directors. Pointing to their alleged culpability, he told the court that the paintings were removed days after the lawyer went back to the art gallery along with police. This, he contended, amounted to a criminal offence of tampering with evidence.
The magistrate, however, said that whether the ATR filed by the Delhi Police was “incorrect” or not was a matter to be considered later on merit. “The immediate matter [for consideration] is whether section 156(3) of Code of Criminal Procedure (allowing a magistrate to direct the police to register an FIR) was applicable in the case,” the court said.
An order is expected on Thursday.
Sachdeva claimed in her petition that she came to know about the exhibition, “Hussain: The Timeless Modernist” and decided to visit it on December 4. On December 9, she filed a formal complaint at the Parliament Street Police Station. As the police did not find the paintings at the gallery, she subsequently filed a complaint at Patiala House court on December 12.
Her complaint sought action against the Director of DAG and preservation of CCTV footage of December 4, 6 and 10 - the dates when the exhibition took place.
Sachdeva told HT, “I received a call from a member of Hindu Janajagruti Samiti on December 3. They informed me that this exhibition is taking place in Delhi and asked me to visit, so I went on December 4 and saw the works that offend my religious sentiments.” She claimed that Hindu Janajagruti Samiti, right-wing outfit had filed 1,250 complaints against Husain from 2007-08 for hurting religious sentiments.
DAG denied any wrongdoing and said the complainant was driven by a “religious agenda”.
“Given its implicit belief in artistic freedom, DAG denies any wrongdoing as alleged by the complainant who has publicly claimed to be principally driven by a religious agenda. In fact, the complainant has herself displayed and publicised the image of the drawings over social media and television news media deliberately intending them to be viewed by a larger audience, while contending that the same images hurt her personal religious sentiments,” the gallery said in a statement.
“The drawings in question were acquired internationally at a Christie’s auction and brought into India following due customs clearance,” it added.
The gallery also pointed out that during the course of the exhibition -- it ran from October to December and featured nearly 100 paintings and drawings by Husain from the 1950s to the 2000s -- at least 5,000 visitors saw the artworks, and “it is noteworthy that no other person among about 5,000 visitors at the gallery raised any objection to any of the artworks displayed in this exhibition”.
Husain, a globally celebrated artist, was conferred with the Padma Shri in 1966, the Padma Bhushan in 1973 and India’s second-highest civilian award the Padma Vibhushan in 1991. He faced several lawsuits over his works, particularly from fringe Hindu groups. He died in 2011 in London at the age of 95.
