Does Indecency Really Lie only in the Eye of the Beholder?

We have often come across instances, when we hear that the Central Board of Film Certification (CBFC), would inflict a series of cuts in a movie, on the grounds that a particular scene representing a woman (or any of her body parts) is considered to be outrageous in a manner, which may injure public morality and decency. This is where the Representation of Women (Prohibition) Act, 1986 and also other analogous provisions such as provision under the Indian Penal Code come into action.

Essentially there are two schools of thought. One believes that there is nothing such as indecency when it comes to expression of art while the other believes that if there are no regulations or sanctions, the essence of public morality and decency can be harmed. Shekhar Kapur (Director of Bandit Queen and Elizabeth) had gone on record to say that the then chairperson of the Central Board of Film Certification, Asha Parekh who had inflicted a lot of cuts in his movie before approval was ignorant, arbitrary and irresponsible. Phoolan Devi's, story was based on the true story of the Bandit woman who have eventually turned into a politician.

India is a country that has given birth to maverick literature. The Kamasutra is a case in point. However, when it comes to projecting unconventional and erotic works and concepts in the form of art and through other visual modes of expression (cinema etc) we are guided by our own straitjacketed conventional limitations. We do not allow art to be projected in its purest form and impose sanctions. Mira Nair directed Kamasutra, which was based upon Vyatsaya's work. The latter was of Indian origin and had written about the art of love making which back in the times had garnered considerable acceptance and appreciation. However, ironically in modern India the movie was not allowed to be aired on the silver screen.

When it comes to the historically rich ancient temples of Khajuraho, replete with erotic sculptures of men and women (even in conjugal positions) there are two schools of thought again. One section essentially the conservatives despise it and the other section of people comprising of liberals (spread across India and the rest of the world) view these temples genuinely as a form of art. Noted Historian William Dalrymple has gone on to say that portrayals of sensual female figurines, in the temple are actually a reflection of the path of divinity as perceived in medieval India. He says that such art was not meant to be seen with filth or even sensually. Instead such art was meant to be viewed with reverence and equated with female fertility and spirituality. Raja Ravi Varma was often criticized for his paintings especially the ones in which he had portrayed Gods in a nude form. He was also charged at Bombay Court with cases of obscenity, offending public morality and hurting religious sentiments of people.

Assam is not far behind in terms of the overall scenario. Madan Kamdev is considered to be the Khajuraho of Assam. There are many theories. One of the most prominent theories is that Kama or Madan (God of Love), who was burned to ashes by Lord Shiva for disturbing his tapasya, was reborn in the temple premises. The temple comprises secular sculptures of love making and erotic postures of Uma and Madan. In fact, Assam is also home to the famous Uma Lingana, which dates back to the 9th century C.E and has been preserved in the Assam State Museum. Apart from this the Navagraha Temple, comprises of nine Shiva lingas. Given this backdrop it becomes evident that sheer hypocrisy envelops the laws governing indecency and the way the same laws are used by the authorities (often for vested interests).

Incidentally, a bill has been pending in the Rajya Sabha since 2012, regarding amendments to the Indecent Representation (Prohibition) Act 1986. The Ministry of Women and Child Development under the aegis of National Commission of Women (NCW) has made certain recommendations to this Bill. Technological advancements such as incorporating digital forms, electronic forms or hoarding through SMS, MMS etc have all been addressed here.

All of the aforementioned advancements are welcome but the elected body members of the various councils and bodies are bound to harbor different schools of thought regarding what is indecent, obscene and what will outrage public morality and so forth. Consequently, all these views may stir a hornet's nest of conflict with the creator/artist. Therefore it is very important to strike a balance. When a centralized authority is being formed it is imperative that all the members are competent and the body functions in a transparent manner. Needless to say, there should be some representatives who are distinguished experts in their own field such as ad creators, directors, photographers, to name a few specialties.

By: Prakreetish Sarma,

Advocate Gauhati High Court

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