In providing immense relief to famous painter M F Hussain, the Delhi High Court on Thursday quashed all the three criminal proceedings initiated against him for hurting public sentiments through some alleged obscene paintings.
Making a sharp comment on the petitioners, the Justice Sanjay Kishan Kaul critically remarked, “paintings were a matter of perspective and cannot be the basis for initiating criminal proceedings.”
Besides he said that it was irony of our society that despite belonging to the land of Kama Sutra, we shy away from its name. In this reference, the judge sarcastically remarked “beauty lies in the eyes of beholder and so obscenity.”
A painter or an artist has the freedom to express his or her feeling through its work keeping the sentiments of the large section of the people must not hurt. 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 bringing criminal proceedings against him. Moreover, the Justice said the Hussain's intention was not to hurt the sentiments of any community or a section of people, which he repeatedly claimed in all the cases filed against him.
While reading the statement of the order, Justice Kaul said allegations made against the painter accusing him for violating a particular section of community did not hold ground. Those allegations can not be the basis for holding him deliberately insulted Bharat mata, he said after reasoning nudity is a part of the contemporary art.
Justice Kaul observed that at the age of 90, it's time for Mr. Hussain to rest and paint in his home. People, who do not have sense of understanding art, should not raise finger against any painter in the name of cultural purity.
"In India, new puritanism is being carried out in the name of cultural purity and a host of ignorant people are vandalizing art and pushing us towards a pre-renaissance era," he observed.
Coming down heavily on the frivolous and baseless complaints, which plays with the freedom of people must be scrutinised at the magisterial level. He observed that the court can not do much in this direction from saving personalities from harassment during court's proceedings on the basis of frivolous complaint made at various places. The legislature should come up with measures to provide protection to people goes under harassment.
Earlier the High Court had exempted Hussain from appearing personally in the court during proceedings and also prevented from any notice framed by the lower court.
Seven cases were registered against Hussein in the 1990s at various places in the country. Three cases in this regard had been transferred to Delhi from Pandharpur (Maharashtra), Indore (MP) and Rajkot (Gujarat) by the order of the Apex Court.
Soon after the controversy sparked for his nude paintings of Bharat Mata as well as other Hindu gods and goddesses, Hussain immediately had withdrawn all paintings from a charity auction and had sought apologised.
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