The Bombay High Court on Friday reprimanded Customs department after it seized artworks by renowned artists FN Souza and Akbar Padamsee for being "obscene material." The High Court decreed that “every nude painting or every painting depicting some sexual intercourse poses cannot be styled as obscene” and ordered the department to release seven of these artworks.
The case dates back to April 2023, when the Customs department confiscated the artworks and imposed a fine of ₹50,000 on Mumbai businessman Mustafa Karachiwala, alleging that the consignment was “obscene”. The Mumbai businessman bought the artworks at auctions in Scotland in 2022. Three of the Akbar Padamsee artworks were acquired at a separate auction in London's Roseberys.
Overruling the Mumbai Customs July 2024 order, Bombay High Court said that it “suffers from perversity and unreasonableness,” reported Hindustan Times. The High Court bench presided by MS Sonak and Jitendra Jain contrasted the artworks with India's temples at Khajuraho and Konark that have erotic sculptures. Expressing concern about storage of these valuable artworks, the bench restrained the Mumbai Customs from destroying them.
The Court also drew comparison of FN Souza's paintings with that of great masters in Europe and America - all of which must also detained by Customs. Arguing that artworks are national treasures, Karachiwala's lawyers said it cannot be treated as obscene. Furthermore, they mentioned that before export to India, the Customs in the UK had cleared the artworks.
FN Souza's masterpieces that were seized included a folio of four erotic drawings that featured a couple. Meanwhile, one of Akbar Padamsee artwork that was seized carried the title "Nude" while the other two were photographs. Both artists, who were part of the Progressive Artists' Group, are highly coveted by collectors in India.
