Every nude painting not obscene: Bombay High Court admonishes customs for confiscating 7 artworks

The Bombay High Court ordered the release of seven paintings by Indian artists FN Souza and Akbar Padamsee, which were confiscated by customs officials for being ‘obscene.’ The court emphasized that not every nude painting is obscene and criticized customs for arbitrarily representing community standards. The court quashed the customs order and highlighted that customs laws do not require artworks like Michelangelo’s David to be clothed. The case began when BK Polimex India Private Limited purchased the artworks at auctions in London and shipped them to India. Customs officials seized the artworks, labeling them as obscene. The petitioner argued that the artworks were not obscene and provided certificates from art galleries and expert opinions. The court ruled that customs officials cannot lightly assume the role of community standards spokespersons and must consider relevant factors before deeming artworks obscene.