முகம்மது ஆயீஷ, கதீஜா படங்களை நிர்வாணமாக வரையலாம். - இந்திய நீதிபதி உத்தரவு

நிர்வாணமாக வரைவது தவறல்ல. அதற்காக கிரிமினல் வழக்கெல்லாம் தொடரமுடியாது என்று நீதிபதி உரைத்துள்ளார்.

வரவேற்போம்.

Delhi HC quashes obscenity case against MF Husain
9 May 2008, 0223 hrs IST,TNN

NEW DELHI: Eminent painter M F Husain got some relief on Thursday when the Delhi high court quashed three criminal proceedings initiated against the artist for allegedly hurting public sentiments through some of his nude paintings that were dubbed as obscene.

"We have been called as the land of Kama Sutra then why is it that in this land we shy away from its very name? Beauty lies in the eyes of the beholder and so does obscenity," Justice Sanjay Kishan Kaul observed and went on to quash criminal proceedings against Husain in three cases that had been transferred to Delhi from Pandharpur (Maharashtra), Indore (MP) and Rajkot (Gujarat) by the Supreme Court.

"The allegations made against the painter are baseless and it would not be proper to hold that he had a deliberate intention to manifestly insult Bharat Mata," Justice Kaul said after reasoning that nudity is part of contemporary art.

Husain's nude paintings of Bharat Mata, as well as those of other Hindu gods and goddesses had created a furore resulting in several threats from right wing groups like VHP and Bajrang Dal, following which he is living in self-imposed exile in Dubai.

"A painter at 90 deserves to be at his home - painting on his canvas," the judge said quashing proceedings in three cases against Husain, and added that "it is most unfortunate that India's new ‘puritanism' is being carried out in the name of cultural purity and ignorant people vandalize art."

The proceedings against the painter were initiated on the basis of complaints filed in three states alleging that his paintings were obscene and hurt public sentiments.

The high court found nothing wrong in the paintings in question and said they were just a piece of art in line with country's ancient tradition.

"Ancient art has never been devoid of eroticism where sex worship and graphical representation of the union between man and woman has been a recurring feature," Justice Kaul noted, adding: "It's very unfortunate that the works of many artists today who have tried to play around with nudity have come under scrutiny and have had to face the music. We should embrace different things and different thoughts and ideas with open arms."

The judge had strong words for the complainants and said they "seem to be of the type who wouldn't go to any art gallery or have any interest in contemporary art because if they did, they would know that there are many artists who embrace nudity as part of their contemporary art."

The Court also emphasized that while seeing a piece of art, one should consider the perspective of the artist. "In judging as to whether a particular work is obscene regard must be given to contemporary mores and notional standards," the bench said adding "looking at a piece of art from the painter's perspective becomes important especially in context of nudity."

Quoting Pablo Picasso, the judge drew a distinction between artistic freedom and obscenity: "Art is never chaste - where it is chaste, it is not art." Cautioning the lower courts not to entertain such complaints as it caused undue harassment to artists, Justice Kaul said: "A magistrate must scrutinize each case in order to prevent vexatious and frivolous cases from being filed and make sure that it is not used as a tool to harass the accused, which would amount to gross abuse of process of law."

In all these cases the court had earlier stayed the proceedings on the complaints on the plea of Husain, now living in self-exile in Dubai.