From Hicklin to Community Standards: The Journey of Obscenity Law in India

 The Hicklin Test is a legal standard used to determine obscenity, originating from the English case R v. Hicklin in 1868. Under this test, material is considered obscene if it has the tendency to deprave and corrupt those whose minds are open to such immoral influences. This test was adopted by the Indian Supreme Court in various cases, notably in Ranjit D. Udeshi v. State of Maharashtra (1965), where the court upheld the conviction of a bookseller for selling Lady Chatterley’s Lover, citing that the book's content could corrupt readers.

Application of the Hicklin Test in Indian Context

1. Ranjit D. Udeshi v. State of Maharashtra:

   - The Supreme Court applied the Hicklin Test to determine whether Lady Chatterley’s Lover was obscene under Section 292 of the Indian Penal Code (IPC). The court ruled that the book's content could corrupt those who were likely to read it, thus justifying its classification as obscene.

2. Criticism and Evolution:

   - Over time, the Hicklin Test faced criticism for being overly restrictive and not reflective of contemporary societal values. In Aveek Sarkar v. State of West Bengal (2014), the Supreme Court moved away from the Hicklin Test, adopting a more nuanced community standards test. This new approach considers the work as a whole and assesses its impact based on modern societal norms rather than merely its potential to corrupt.

3. Contemporary Community Standards Test:

   - The community standards test allows for a broader interpretation of obscenity, focusing on whether material appeals to prurient interests or lacks serious literary, artistic, or scientific value. This shift reflects a recognition of changing social mores and aims to balance freedom of expression with protecting societal morals.

4. Recent Developments:

   - In Ajay Goswami v. Union of India AIR (2007), SC 493 , the Supreme Court reiterated that obscenity must be assessed through contemporary community standards, emphasizing that judges should consider both the writer's intent and the potential impact on diverse audiences. This case highlighted that what might be considered obscene can vary significantly based on context and societal evolution.

Conclusion

The Hicklin Test served as an early framework for assessing obscenity in India but has largely been supplanted by a more flexible community standards test that better accommodates contemporary values and artistic expression.