Nudes by major Indian artists FN Souza and Akbar Padamsee embroiled in ‘obscenity’ dispute

In an order issued last week, the Bombay High Court prevented Indian Customs from destroying a group of works by two of the country’s most famous artists, FN Souza and Akbar Padamsee. Customs officials in Mumbai confiscated seven drawings and photographs last spring on the grounds of “obscenity” and they have been detained since then.

Mumbai-based collector Mustafa Karachiwala bought the works online in 2022 from two London auction houses for a total of £8,464. From Rosebery he bought three Padamsee works: one charcoal drawing since 1995 i two black and white photographs. Each one is titled Naked and depicts a naked woman. And from Lyon & Turnbull he bought Souza’s erotic drawings, AND folio with four inks on paperconsisting of three songs titled Lovers (1962-63), depicting couples having sex and Bound figure (1962), showing a woman in underwear tied to a tree.

Souza and Padamsee are among the most respected artists in India. Their works are in many state museums, such as the National Gallery of Modern Art in New Delhi, and are among the most valuable Indian artists at auction, with Souza’s record set in March by Christie’s New York of $4.8 million for a similarly titled painting Lovers (1960). Meanwhile, Padamsee received India’s third highest civilian award, the Padma Bhushan, in 2010.

Such achievements are emphasized by Karakhiwala’s lawyers in their letters to the Supreme Court, which they saw: Gazeta Sztuka. They claim that withholding songs on the grounds of obscenity is “illegal”; was made on the basis of the “whims and fancies” of customs officials; he lacks “understanding of art”; was not prepared in consultation with an external expert in the field of art; “throws aside previous Supreme Court rulings”; and is based on the flawed logic that “total nudity means total indecency.”

According to the appeal, the works were sent in a single shipment organized by Karachiwala in March 2023. Referring to the titles, the invoices attached to them included the words “nudity” and “erotica”, alerting Indian customs officials to their content. They were stopped at the border and then detained on April 20, 2023, on suspicion of violating obscenity laws. Authorities later fined Karichiwala 50,000 Indian rupees (£458).

He also saw the order sent by the customs officer to Karichiwala on July 1 Art Newspaperstates that their decision to classify these works as “obscene” depends on the Oxford English Dictionary’s definition of the word: “(of depicting or describing sexual matters) offensive or disgusting by accepted standards of morality and decency.” The order states that the import of such content, including drawings and images, is prohibited under Art. 292 of the Indian Penal Code.

Even after closer consideration, the level of nudity in these works “must be considered indecent,” the customs order continues. It also rejects certificates confirming the artistic value of works issued by two renowned commercial galleries – Sakshi in Mumbai and Grosvenor in London – and questions their authority to issue such documents.

The Indian constitution allows restrictions on freedom of speech on grounds of public decency and morality.

This is not the first time artistic depictions of nudity have sparked a legal battle in India. The appeal refers to a number of similar cases, including one involving another of the country’s most famous artists, MF Husain. In 2006, he faced similar obscenity charges for painting a naked Bharat Mata (Mother India since 2005). The image was considered controversial because the figure, symbolizing the Indian nation, is usually depicted clean and clothed. India’s Supreme Court refused to uphold a petition seeking to impeach Husain, ruling that the painting was a “work of art.”