E-Paper
'Not every nude painting is obscene': Bombay High Court raps customs officials
The Bombay High Court restrained the Mumbai Customs from destroying the artworks and expressed concern over how the art work may have been kept.
The Bombay High Court has ordered the Customs department to release seven artworks by renowned artists FN Souza and Akbar Padamsee, previously seized for being considered "obscene material". The court observed that "every nude painting or every painting depicting some sexual intercourse poses cannot be styled as obscene".
The Artworks and Their Significance
The seized artworks include a folio of four erotic drawings by Souza, featuring a couple, and three artworks by Padamsee, including a drawing titled "Nude" and two photographs. Both Souza and Padamsee were part of the Progressive Artists' Group, which introduced European modernism to Indian art. Their works are highly coveted by collectors in India.
In April last year Mumbai Customs seized a consignment of seven drawings, including a folio of four erotic drawings comprising one called “Lovers” by Souza, citing obscenity. The other three, also held back for the same reason, are a drawing titled “Nude” and two photographs by Akbar Padamsee.
Background of the Case
In 2022, Mumbai businessman Mustafa Karachiwala acquired the artworks at auctions in Scotland. At a separate auction in London's Roseberys, he bought the three Padamsee artworks of a woman in the nude. However, when he brought them to Mumbai, the Customs department seized the consignment, citing obscenity. The department also imposed a penalty of ₹50,000 on Karachiwala.
Court's Verdict
The court quashed the July 2024 order passed by the Assistant Commissioner of Mumbai Customs, noting that it "suffers from perversity and unreasonableness." The bench of Justices MS Sonak and Jitendra Jain observed that if Souza's drawings can be detained by Customs, why not the paintings of great masters in Europe and America? The court also questioned how the artworks would be treated in comparison to India's own temples at Khajuraho and Konark.
Karachiwala's lawyers argued that the artworks are national treasures and cannot be treated as obscene. They also pointed out that Customs in the UK had cleared the artworks for export to India. The court's verdict is seen as a significant victory for art lovers and collectors in India.
The bench also restrained the Mumbai Customs from destroying the artworks and expressed concern over how the art work may have been kept by the Customs department.
