No criminal proceedings against Hussain: SC

The way to India for self imposed-exile renowned painter M F Hussain got clear after the Supreme Court quashed all cases against him on Monday.

A panel headed by Chief Justice KG Balakrishnan refused to allow prosecution on the ground of obscenity and offending religious feelings. Rejecting the plea against Delhi High Court's May 8 order that had annulled criminal proceedings against Hussain, the panel described one of his controversial paintings in which Bharat Mata has shown nude as “a work of art.”

Defending the artist the panel said: "There are many such pictures, paintings and sculptures and some of them are in temples also. Will you file cases against all of them? What about temple structures?”

Hussain's work is simply an art. If you can not see it, don't see it, the Bench said.

On May 8, the Delhi High Court had turned down three criminal complaints against Hussain filed in Bhopal, Indore and Rajkot.

Terming the allegations against Hussain's paintings as baseless, Justice Kishan Kaul observed: “An artist has different approach towards the world and sees it with his own perspective, but the difference of approach in their outlook can not be the basis of initiating criminal proceedings against him.”

In India, new puritanism is being carried out in the name of cultural purity and a host of ignorant people are vandalising art and pushing us towards a pre-renaissance era," he observed.

A Painter at 90 needs to take rest at his home and spend his time in painting canvas, Justice Kaul said, adding that people who do not have sense of understanding art, should not raise finger against any painter in the name of cultural purity.

The Supreme Court quashed all other cases accusing Hussain of hurting religious sentiments along with these three.

Hussain was living in Dubai since 2006 as a self-imposed exile after some Hindu groups raged over his paintings depicting Bharat Mata as nude filed criminal cases against him across the country. Fearing probable arrest Hussain had fled to Dubai.

It was not his first offence, as per the Hindu activists. The painter was accused also in 1990s for painting a series of nude picture of Hindu goddesses.