CHANGING DIMENSIONS OF IMMORALITY

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If we study deeply about the concept of obscenity we will find that the object of law of obscenity to restrain the people from not to do indecent behavior or we can say that not to do immoral acts. (Here an immoral act means the act which is indecent and not accepted by society). To judge what is moral and immoral it is very difficult because opinion of society differs on moral and immoral acts. Where there is no precise definition of the obscenity, that should be defined in limits otherwise it will affect the liberties[1]including privacy of other persons. 1890, American lawyers Samuel Warren and Louis Brandeis wrote a seminal piece on the Right to Privacy as a tort action describing privacy as the Right to be Let Alone, meaning thereby zero relationship between two or more persons in the sense that there is no interaction or communication between them, if they choose. There are so many social sins which are recognised as a crime on the basis of public immorality and obscenity is one of them. Socially there is no difference between public and private immorality but in the eyes of law only public immorality is treated as a crime because law covers only public immorality. In case of private immorality, which is also a social sin is not covered by penumbras of law because the concept of personal liberty harmonize with private immorality that’s why private immorality is not prohibited. According to lord Delvin, private immorality is no crime when it is going in the precincts of house is exempted. So, it can be said that circulation and publication of obscene material is a public immorality or social sin which is recognised by law as penal in nature in our country under Section 292 of India Penal Code, 1860.

CHANGING DIMENSIONS OF OBSCENITY

                        As we know that under section 292 of Indian Penal Code, 1860 Obscenity is a crime.  Section 292 was enacted in 1860 so that tendency to corrupt the mind of an ordinary man should be protected. The literal meaning of word Obscenity is gross indecency and unchaste action. The object of section was to protect the culture and heritage of the country or  that dignity of a women be maintained because Obscene material which includes nudity and other vulgar articles corrupt the mind of a person which are basically related with women.

                                                               


 

 

[1].              Right to think alone, which is also a Fundamental Right recognized under Right to Privacy.

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