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1 - 3 of 3 (0.24 seconds)M/S. Msco. Pvt. Ltd vs Union Of India & Ors on 31 October, 1984
23. Notification No. 69/1950-Cus., dt. 29-7-50 as amended does not define about the obscenity and the definition of obscenity has also not been mentioned anywhere even in Indian Penal Code. Article 292 of IPC provides that a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prutent interest or if its effect is such as to tend to deprave and corrupt persons who are likely to read, see or hear the matter contained or embodied in it, except if the publication is for public goods or in the interest of science, literature, art, learning, religion or other objects of general concern. Here I find the Ganesha statue in the childhood in Baby form in crawling position does not appeal to the mind of people to attract them for lasciviousness or appeal to the prurient but it is a feelings of affection, love, worship and reverence towards a child Baby in a naked form it evokes "Vastsalya Bhava" the highest and the purest Form of affection, therefore such statues cannot be treated as obscene, which is accepted every where in common parlance. I also find that Hon'ble Apex Court have in the case MSCO Pvt. Ltd. v. UOI - held that "in absence of a definition to a word in a statute or statutory - instruments, common parlance meaning should be assigned to it".
Article 292 in Constitution of India [Constitution]
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