"During the craze for obscenity trials at the Old Bailey in the 1990s, juries were told that obscenity was like an elephant - 'impossible to define, but you know it when you see it'. Juries increasingly found the elephant invisible, and these prosecutions have ended (other than of child pornography) and the criminal law is no longer used to censor bad taste and rudery. It is the same in Europe and America, but in India the Old English common law lives on, now frequently in statutory form, requiring judgments on material which 'tends to deprave or corrupt' or is 'indecent' because of its sexual explicitness. In this book, Saurabh Bindal provides an authoritative and illuminating guide to the obscenity law of the nation that gave to the world the Kama Sutra. It is a fascinating subject as judges wrestle with legal tests that are inevitably vague and subjective. Its analysis provides a degree of coherence to the subject and will be essential reading for all involved in the drawing of lines which delineate areas where speech is not free."
-Robertson KC | Barrister -Founding Head of Chambers -Doughty Street Chambers
"This comprehensive work delves into the intricate history of obscenity law in India, tracing its inception to the modern era. Bindal's meticulous research and insightful analysis shed light on the multifaceted aspects of obscenity, including morality, taste, enforcement, and the far-reaching implications for intellectual property.
Obscenity offers a compelling survey of the legal landscape surrounding obscenity in India, making it an invaluable resource for scholars, legal professionals, and anyone interested in the intersection of law, morality, and culture. Bindal's thorough examination of the subject matter not only provides a deep understanding of the historical context but also captures the nuances and complexities inherent in the enforcement of obscenity laws.
Furthermore, this book goes beyond mere legal analysis by exploring the broader social and cultural implications of obscenity regulations. Bindal deftly navigates the often contentious debates surrounding morality and taste, providing a balanced perspective that encourages critical thinking and intellectual engagement. By addressing the intellectual property implications of obscenity, Bindal's work also contributes to the ongoing discourse on the intersection of law and creative expression.
'Obscenity' is a thought-provoking and meticulously researched book that presents a comprehensive overview of obscenity law in India. Saurabh Bindal's expertise in the subject matter shines through, offering readers a valuable resource to deepen their understanding of the legal, moral, and cultural dimensions of obscenity. I wholeheartedly recommend this book to anyone seeking a nuanced exploration of the history, issues, and intellectual property considerations surrounding obscenity in India."
-Richard Jochelson | Dean of Law - Professor, Faculty of Law - University of Manitoba, Canada
"Obscenity raises complex questions about constitutional protections of freedom of speech about the regulation of ever-evolving communications technologies. Saurabh Bindal's study is unprecedented in its scope, ranging from the mid-nineteenth century to the present, from postal censorship to the internet, and from colonial variations on British obscenity law to the Indian Constitution and the impact of international human rights law. This is an outstanding contribution to legal scholarship and history."
- Chris Hilliard FAHA | Challis Professor of History The University of Sydney
Table Of Contents:
Table of Cases Introduction
Law of Obscenity under the Penal Code, 1860
Law of Obscenity under the Dramatic Performances Act, 1876
Law of Obscenity under the Post Office Act, 1898
Law of Obscenity under the Cinematograph Act, 1952
Law of Obscenity under the Customs Act, 1962
Law of Obscenity under the Code of Criminal Procedure, 1973
Law of Obscenity under the Indecent Representation of Women (Prohibition Act), 1986
Law of Obscenity under the Cable Television Networks (Regulation) Act, 1995
Law of Obscenity under the Information Technology Act, 2000
Law of Obscenity under the Information Technology (Intermediaries Guidelines) Rules, 2011
Law of Obscenity under the Protection of Children from Sexual Offences Act, 2012
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