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2008 Supreme(Del) 518

SANJAY KISHAN KAUL
Maqbool Fida Husain – Appellant
Versus
Rajkumar Pandey – Respondent


Advocates appeareds:
Akhil Sibal, Ms. Bina Madhavan and Pradeep Chhindra, for Petitioner; B. B. Varakhedkar, G. P. A. (in Cri. R. P. No. 280/ 07), Ms. Poornima Sethi, Gopal Subramaniam, A. S. G., Amicus Curie with Devonsh A. Mohta, Law Officer, Jaideep Malik, A. P. P. for the State; (in Cri. R. P. No. 282/07), for Respondents.

Judgement

ORDER :- Prablo Picasso, a renowned artist said, "Art is never chaste. It ought to be forbidden to ignorant innocents, never allowed into contact with those not sufficiently prepared. Yes, art is dangerous. Where it is chaste, it is not art."

2. Art, to every artist, is a vehicle for personal expression. An aesthetic work of art has the vigour to connect to an individual sensory, emotionally, mentally and spiritually. With a 5000-year-old culture, Indian Art has been rich in its tapestry of ancient heritage right from the medieval times to the contemporary art adorned today with each painting having a story to narrate.

3. Ancient Indian art has been never devoid of eroticism where sex worship and graphical representation of the union between man and woman has been a recurring feature. The sculpture on the earliest temples of 'Mithuna' image or the erotic couple in hubaneshwar, Konark and Puri in Orissa (150-1250 AD); Khajuraho in Madhya Pradesh (900-1050 AD); Limbojimata temple at Delmel, Mehsana (10th Century AD); Kupgallu Hill, Bellary, Madras; and Nilkantha temple at Sunak near Baroda to name a few. These and many other figures are taken as cult figures in which rituals t














































































































































































































































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