Case Brief: Aveek Sarkar v. State of West Bengal | Criminal Law for Judiciary Exams PDF Download

Introduction

• Case Name: Aveek Sarkar v. State of West Bengal
• Citation: (2014) 4 SCC 257
• Court: Supreme Court of India.
• Bench: K. S. Radhakrishnan, A.K. Sikri
• Theme: What is the meaning of obscenity and how intention plays a vital role in such cases.
• Subject: Indian Penal Code
• Judgement: India

Legal Case: Aveek Sarkar v. State of West Bengal

Brief Facts of the Case

• A German magazine named "STERN" published an article featuring Boris Becker and Barbara Feltus.
• "Sports World" magazine in India reproduced the article with a caption about Boris Becker.
• Anandabazar Patrika, a Kolkata newspaper, also published the same photograph and article.
• A lawyer filed a complaint under Section 292 of the Indian Penal Code against the appellants.

Issues in the Case

• Should the photograph be considered obscene?
• Do its effects tend to deprave and corrupt readers?

Important Arguments

Respondents Side

• The nude photograph published in Anandbazar Patrika and The Sports World is argued to have a corrupting influence on the youth, going against the cultural and moral values of society.
• It is considered to be against the dignity and honor of womanhood, violating Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
• Both accused parties, Ananda Bazar Patrika and Sports World, are accused of intentionally using the photograph for the sale of their publications, leading to public exhibition and circulation.
• The publication of the photograph is said to provide sexual titillation, potentially leading to moral degradation and encouraging individuals to commit sexual offenses.

Appellants Side

• The magazine in question was never banned in India and was not deemed 'obscene,' referencing Section 79 of the Indian Penal Code, which states that certain actions are justified by law.
• The article was argued to promote the fight against racism in Germany.

Judgement: Aveek Sarkar v. State of West Bengal

• Contemporary Standards for Obscenity Determination: Obscenity judgment should align with current societal norms and national standards, not an overly sensitive minority. The Hicklin test, which assesses isolated passages out of context, is outdated.
• Legal Standard for Obscenity: Indian Penal Code's Section 292 defines obscenity as material that is lascivious, appeals to prurient interests, and tends to deprave and corrupt viewers. The "community standard test" is preferred over the Hicklin test.
• Criteria for Nude/Semi-Nude Content: Nudity alone does not constitute obscenity; material must incite explicit sexual responses. Only content that "excites lustful thoughts" is deemed obscene, evaluated based on average community standards.
• Message Behind the Photograph: The photo promotes the idea that love transcends skin color. It depicts a love story and marriage between individuals of different skin tones, emphasizing love's triumph over superficial differences.
• Legal Conclusion: As per Section 292, the photograph in question does not violate obscenity laws. Therefore, the criminal proceedings against the appellant were dismissed.

Present Status of the Judgement

• The Aveek Sarkar v. State of West Bengal case led to the rejection of the Hicklin Test of obscenity.
• A photograph is now considered obscene if it provokes sexual desire, taking into account the background and context of the image.
• In this specific case, the aim of the photograph was to promote a love affair, emphasizing that the color of skin is of little importance, as love triumphs over superficial distinctions.
• It is recognized that the definition of obscenity is not fixed and evolves over time.
• As a result of this case, no offence was found under Article 292.
• The judgement in Aveek Sarkar v. State of West Bengal remains in effect today and has not been overturned.

Conclusion

In conclusion, a significant takeaway from this case is the diversity of perspectives among individuals, evident in the disparity between Boris Becker's intent to convey a message of love transcending societal norms through his nude photographs with his fiancée and the legal perspective that deemed them vulgar. The case underscores the importance of intention and context in matters like these, emphasizing that the perceived appropriateness of such actions can vary widely based on individual beliefs and backgrounds. This highlights the subjective nature of judgments in cases involving controversial or provocative content.