CHENNAI: We are a nation of extremes when it comes to the rules of censorship. We may have come a long way from the era where images of flowers blossoming gently but furiously were used as metaphors for wedding nights in our movies lest we imagine the unimaginable, while a skimpily clad vamp was allowed to seduce with raunchy item numbers. Yet, our peculiar standards of censorship still plays havoc in the creative lives of many of our citizens.
Art has never been censorship’s favourite child. Instead, it has often been thrashed and given a raw deal by the custodians of these controls. A recent case that came up in the High Court is proof enough.
In April 2023, seven works of art by some of the most renowned artists of India, were confiscated after being labelled as obscene material, by the Customs Department of Mumbai. They included works by FN Souza and Akbar Padamsee, two of India’s best known contemporary artists. Both of them were founding members of the Progressive Artists’ Group, an association formed a few months after India’s independence, to create new standards for visual arts in a country that was still strongly influenced by nationalism in every sphere.
While Souza was known for his unrestrained style of painting which covered varied subjects from icons of Christianity to nudes, Padamsee’s images were mainly within the genre of landscapes and portraitures. Their artworks not only sell for astronomical amounts today but are considered the country’s national treasures.
When Mumbai-based businessman and art collector, Mustafa Karachiwala, bought artworks by these two acclaimed artists at the auctions in London and Scotland in 2022, little did he realise that he would be spending months relentlessly defending his decision in the courts of India.
Among the artworks were Souza’s folio of four ink on paper drawings titled ‘Lovers’ which showed couples engaging in the sexual act and Padamsee’s charcoal drawing and two black and white photographs titled ‘Nude’, depicting a naked woman.
Based on the titles ‘Nude’ and ‘Erotic’ mentioned in the invoice, the customs officials were alerted and the consignment seized on arrival for violating obscenity laws. Karachiwala’s company was fined but he fought back by taking the matter to court.
He contested the seizure by arguing that the context of the artworks was not considered. The Bombay High Court eventually ordered the release of the works, while observing that the customs officers had relied on personal opinions without taking any expert opinion or considering the merit of the artists.
This is not the first time that art has come under the unreasonable lens of censorship. Several legal cases have been fought for artistic freedom of expression on this soil, and the Courts of the country have always stood as a beacon of hope for the creative field. Picasso once remarked, “ Art is never chaste. It ought to be never allowed into contact with those not sufficiently prepared. Where it is chaste, it is not art.” Years have passed since, and yet the words still ring true!