Not every nude painting is obscene: distinction between sex-obscenity, Bombay High Court says, orders customs department to release seized paintings

The Bombay High Court on Friday said in the nude padding case that not every such painting can be called obscene. The court said there is a difference between sex and obscenity. After this, the court ordered the customs department to release the seized nude padding.

The case is of April 2023. In fact, BK Polymax India Private Limited, a company owned by Mumbai businessman Mustafa Karachiwala, brought 7 paintings from London to Mumbai. Where the customs department seized the paintings saying they were promoting nudity.

Mustafa Karachiwala's company filed an application in the High Court against this decision of the Customs Department. A bench of Justices MS Sonak and Jitendra Jain reprimanded the customs department officials and ordered the return of the painting within 14 days.

The petitioner said- how the painting was considered obscene Advocate Shreyas Srivastava and Shraddha Swarup filed the petition on behalf of Mustafa Karachiwala. The petition questioned how the painting could be considered obscene.

The petitioner argued that art is a national treasure that should be given due recognition. However, the customs department officials failed to understand the importance of art and failed to differentiate between art and obscenity.

The court said – one's personal opinion cannot be imposed on another The court said, 'Not every nude painting or every painting depicting a sexual situation can be termed obscene. Although it is not necessary that everyone likes such a painting, the personal opinion, likes and dislikes of a government official cannot be imposed on anyone else.

The High Court further held that he (Assistant Commissioner) neither bothered to seek any expert opinion on the subject nor looked into the report, expert opinion and other materials submitted by the petitioner.

Paintings by famous painters FN Souza and Akbar Padamsi Seven of the seized paintings were by renowned painters FN Souza and Akbar Padamsi. In 2022, Karachiwala bought the paintings through his company BK Polymax Pvt Ltd in two separate auctions held in London. These were confiscated while being brought to India. Apart from this, a fine of Rs 50,000 has also been imposed on the company.