Bombay HC ruling on artistic freedom: Can young artists now be unafraid?

The representation of the nude and the naked in Indian art spans millennia — from the poised bronze statue of the Dancing Girl from the Indus Valley Civilisation to the graceful nudes at the Ajanta and Ellora caves, and the erotic sculptures at the temple complexes of Khajuraho — but in more recent times their contemporary renderings have elicited volatile reception, extending from acts of vandalism to withdrawal of ‘contentious’ artworks from exhibitions.

In this fraught environment, the art fraternity breathed a sigh of relief when a recent Bombay High Court judgment affirmed that “every nude painting or every painting depicting some sexual intercourse poses cannot be styled as obscene.” The hearing concerned three works by Akbar Padamsee and four by FN Souza, acquired in the UK, that had been confiscated by the Customs in Mumbai in 2023 on charges of being “obscene”. The Assistant Commissioner of Customs (ACC) had arguably threatened to destroy the works. Expressing that the ACC’s “impugned order” suffers from “perversity and unreasonableness”, the court further noted: “The ACC failed to appreciate that sex and obscenity are not always synonymous. Obscene material is that which deals with sex in a manner appealing to prurient interest (William J Brennan, Jr.). Such an order, in our opinion, is unsustainable and must go.”

Coincidentally, exactly 70 years ago, in 1954, a young Padamsee was arrested from his debut solo at Mumbai’s Jehangir Art Gallery after he refused to remove his paintings, Lovers I and Lovers II, which depicted a man and a woman in the nude. He was released on bail, and the ensuing court case had arguments referencing art history, sculptures of Khajuraho, classical Western art and testimonies from experts such as art connoisseur and lawyer Karl Khandalavala and German art critic Rudolf von Leyden. Ultimately, the defiant Padamsee was acquitted of charges.

“What was objected to in the ’50s, and deemed outrageous at the time, it is indefensible that the same is happening now, in the 21st century. Once again, the courts have intervened, but the fact that such intervention was necessary speaks volumes about the present situation. In a culture like India, where we have such a rich tradition of free expression, especially in relation to what is natural, this is deeply troubling,” says art historian and curator Yashodhara Dalmia.

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From revered to relinquished, portraiture to erotica, the depiction of the human body in art has evolved over the centuries. Shaped by the prevailing societal, cultural and historical contexts, this relationship has not only reflected contemporary norms but has also challenged established conventions.

Often considered the father of modern art in India — also celebrated for his realistic portrayals of gods and goddesses and taking them to the masses through his oleographs — Raja Ravi Varma reportedly met resistance for his semi-nude paintings of apsaras from Indian mythology. A study of Indian art history would be incomplete without recognising the sensual wet-sari paintings of Hemen Majumdar, MV Dhurandhar’s nudes that seamlessly blend Indian aesthetics with Western realism, the bold, avant-garde nudes of Amrita Sher-Gil and Bhupen Khakhar’s intimate exploration of homosexuality.

However, artist Balbir Krishan highlights the underlying irony where we are eager to celebrate our liberal artistic past, but fail to extend the same freedoms to artists in contemporary times. “Indian culture has long been liberal and accepting, as evidenced by the many temples adorned with nudes and sculptures bearing sexual overtones — artifacts we take immense pride in, and rightly so. Yet, when an artist today creates a nude, it faces the threat of being deemed obscene or condemned as an assault on our cultural values. This is illogical. How can such accusations be levelled against artists? Art is a form of expression; it embodies the voice of the artist. The real social ills that need to be addressed instead are issues such as female infanticide, dowry, gender and sexual violence, crime against minorities, inequality and injustice,” asserts Krishan, 50. A double amputee, his 2012 exhibition “Out Here and Now”, which celebrated homosexuality, was vandalised at the Lalit Kala Akademi in Delhi, and he was physically assaulted. In 2013, another of his exhibitions was cancelled in Hyderabad after the organisers received threats from vigilantes. Relocating to the US in 2016 after he got married, he shares that he now feels freer to explore a broader range of subjects. “Artists here enjoy far greater freedom to create and exhibit whatever they choose,” he adds.

A young artist, who also explores the human body through her work, recalls being cautioned that it might lead to a more restricted collector-base as some might be hesitant to display the works in their homes.

Established with the intent of painting “with absolute freedom for content and technique”, several members of the famed Progressive Artists’ Group (PAG), founded in 1947, engaged in explorations of the nude form. While KH Ara is known more for his classical depictions, Tyeb Mehta’s treatment of nudes was more distorted, underscoring complex human emotions. Dalmia notes that Souza was deeply moved by the rich tradition of eroticism in ancient India, especially in Khajuraho. She states, “He felt that it was Victorian morality which had made women bashful about their sexuality… In his nude women, we have a sense of women coming fully and unashamedly into their own.”

Drawing his first nude at the age of 16, Souza encountered censorship early on. In 1949, some of his paintings, including a nude self-portrait, were seized during an exhibition at Art Society of India in Mumbai on charges of “obscenity”. Subsequently, his studio was searched by the police for pornographic material. Leaving for London within months, he was to paint some of Indian art’s most provocative and emotionally charged nudes. Also part of the PAG, MF Husain, too, explored nudity, including depictions of Hindu gods and goddesses and Bharat Mata, which led to multiple court cases against him for allegedly offending religious sentiments, culminating in his self-imposed exile in 2006.

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A practice that had for long been a staple in European art academies since the 1800s, nude studies have been an inherent part of the curriculum in academic art institutions across India as well, but over the years, even though the subject has largely continued, moral policing has intensified scrutiny. “By the time I retired, it was becoming relatively harder to find models who were open to posing nude for students,” says artist Vasudevan Akkitham. Having earned both his Diploma and Post-Diploma from the Faculty of Fine Arts, MS University, Baroda, Akkitham taught at the institute for over 20 years before retiring in 2020.

“When we were students, we’d heard stories about how, in the early days of the institute, it was challenging to find models in Baroda. They would come from Mumbai and accommodation was specially arranged for them on campus. However, during our time, these models were based in Baroda. Nude studies were an important part of the curriculum and was assessed like any other subject.”

Addressing issues of male and female sexuality through her art, which also includes depictions of the nude form, octogenarian Anupam Sud reflects on the naturalness of nudity: “It is how we are created by nature, and nature is unparalleled.” She notes that nudity is subjective, adding, “For some, even a clothed body can appear nude, depending on their perspective.” Emphasising on the importance of practising nude studies and figure drawing, she says, “It is essential for students to understand the intricacies of human anatomy.”

In a country where primary art education is near-negligible, many believe that lack of sufficient exposure also hinders discerning understanding and interpretation of art. Ashish Anand, CEO and managing director of DAG, advocates for sensitisation programmes aimed at the public to foster greater appreciation for art. “There is a lack of art education in the country. Maybe this can be the catalyst for creating the awareness that is essential for every modern society — and especially one which has such a rich and continuous reservoir of art practices as India,” states Anand.

Featuring works by some of India’s most well-regarded modernists, the gallery’s travelling exhibition, “The Naked and the Nude”, which made stops in New Delhi, New York, and Mumbai, examined the representation of the human body in modern India, highlighting the distinction between the naked and the nude.

In the accompanying publication, Kishore Singh, senior vice-president, DAG, wrote: “A figure may be naked but it is how the eye perceives the figure that results in processing its nudity. It is, therefore, the artist and his purpose in portraying nakedness that may or may not mark it as nude. The eye and its intended voyeurism — as much for the artist as for the viewer — declares its (nude) intention… If being naked is seen as a measure of vulnerability, nudity is based on perception.”

Anand adds: “Galleries and promoters need to take stands based on the laws of the country and we are happy to say that there has been wide acceptance of such views. We should not be deterred by a few fringe elements and need to stand our ground.”

Like him, Krishan draws hope from the recent court ruling. “In recent years, I’d become more cautious about what I exhibit in India but the court’s unequivocal judgment is encouraging. There might still be instances where government officials or certain groups deem certain works offensive, but it’s reassuring to know that the law is on our side.”

*name changed on request