'Can state decide...obscenity?': HC raps Customs for seizing 'obscene' artworks
The Bombay High Court has directed the Customs Department to return within two weeks artworks by Francis Newton Souza and Akbar Padamsee, which were seized on their arrival in Mumbai. The court also questioned the authority of Customs to decide what is obscenity in art. "The point is, is the State [Customs] to apply its own notions of what is obscenity?" Justice Mahesh Sonak asked during a hearing.
Artworks seized as 'obscene material'
Valued at ₹8.3 lakh, the artworks were bought from auction houses in London and Scotland in 2022 by B K Polimex India Pvt Ltd. They were seized by Customs officials in April 2023 as they found them "obscene material" prohibited for import. However, the petitioner contended that the Customs Department didn't even seek experts' opinions before confiscating the artworks. The petitioner then wrote for their release and provided certificates of art galleries Grosvenor in London and Sakshi in India.
Customs defends seizure under 1964 notification
Customs' advocate Jitendra Mishra defended the seizure under a 1964 notification of the Customs Act, which allows import prohibition for maintaining public order and decency. To this, the petitoner said these drawings are publicly available, even on National Gallery of Modern Art's website. The petitioner's advocate, Shreyas Shrivastava, also highlighted that both artists are internationally acclaimed, with Souza having received the Guggenheim International Award and Padamsee honored with a Padma Shri.
Court references past incidents involving artists
On Monday, a bench of Justices Mahesh Sonak and Jitendra Jain emphasized that art reflects societal mores and should be appreciated or tolerated even if it offends some sensibilities. "At this rate, what will you say of Khajuraho temples?" Justice Sonak asked the Customs's advocate. Justice Sonak recalled past incidents where Souza's works were seized but later found not obscene by Parliament. Likewise, Padamsee was acquitted under IPC 292 (obscenity) by a magistrate court.
