As a teen, every time I crossed the boundaries of excellent behaviour, my father would remind me of the saying, ‘With freedom, comes accountability.’ Liberty has an inseparable second half — that of being held accountable for actions. And the stability between these two seemingly reverse concepts inevitably comes with pressure. This is applicable to how we view ‘freedom of expression’ too, together with utilizing visible arts as a software to speak.
There have been a number of situations previously when artistic endeavors have been censored by authorities for not following the authorized or ethical code. In 1954, modernist Akbar Padamsee fought a court docket case, during which he was acquitted. Padamsee, then 26, was charged beneath part 292 of the Indian Penal Code for 2 artworks — Lovers 1 and Lovers 2 — which had been exhibited in his debut present on the Jehangir Artwork Gallery in Mumbai. The work confirmed a person’s hand on a lady’s breast. The instinctive expression of affection on canvas was labelled as obscene and seized by the police. Extra not too long ago, the Bombay Excessive Court docket restrained the Customs division final October from destroying, but once more, work by Padamsee (and some by F.N. Souza), stating, “Not each nude portray is obscene.”

An exhibition of sketches by Akbar Padamsee
| Picture Credit score:
Shanker Chakravarty
The phrases didn’t carry throughout state borders, although. In January this 12 months, a Delhi court docket ordered the seizure of two of M.F. Husain’s work exhibited at DAG (previously the Delhi Artwork Gallery), after allegations that they obscenely portrayed Hindu deities and harm spiritual sentiments. Although the court docket later dismissed the plea searching for the registration of a primary info report towards the gallery, for lack of proof, it kicked off discussions on censorship and the place the road should be drawn. And as anticipated, the opinions have been different and divided.
Restrictions vs. no boundaries
Freedom of expression is a basic human proper, and it allows inventive practices to function social commentary. However as Debottam Bose, a practising artwork lawyer, explains, “No society permits utterly unrestricted speech as a result of unchecked expression can result in chaos, hurt, and the erosion of different basic rights. Hate speech, incitement to violence, defamation, and false propaganda can inflict actual harm. Subsequently, most authorized methods impose sure restrictions on expression, making certain that its train doesn’t infringe on the rights and security of others.”

Debottam Bose
However not everybody agrees with restrictions being imposed. Peter Nagy, co-founder and director of Nature Morte gallery, takes a contrarian view. “There shouldn’t be any boundaries to expression,” he says. “Censorship ought to by no means occur, and if an artist or establishment exhibiting a murals has as its mission to insult or worsen individuals, then so be it. Let the chips fall as they could.” He feels since all the pieces that’s considered by the lots is managed by somebody, it’s the obligation of artists to reveal and re-examine the errors and blind spots of historical past.

Peter Nagy
The controversy isn’t restricted to those binaries, both. Some consider that if the aim of artwork is to speak, then the train turns into futile if the viewers is alienated. “Artwork should query our pre-disposition and proclivities of histories, however should preserve a constructive alignment and never disrupt it so the entire train is misplaced,” says Anubhav Nath, founding father of Ojas Artwork, which gives a platform for indigenous visible artwork. “There’s the chance of artwork getting diminished to shock and sensationalism, which turns into counter-intuitive to its functions.” An concept Bose concurs with. Freedom of expression is simplest when accompanied by accountability, making certain that voices are heard, however not at the price of justice, dignity, or peace.

Anubhav Nath
Rejection and acceptance are integral
The problem, nevertheless, lies in figuring out who decides what’s dangerous and what’s merely controversial. This isn’t the primary time Husain’s work are being pulled up. In 1996, his portray of a nude goddess Saraswati grew to become the goal of protests. In 2008, the Supreme Court docket shot down a petition searching for an initiation of proceedings towards the artist for hurting the emotions of Indians, and dominated that his work, Bharat Mata — which depicted a nude feminine figuration of India’s map — was not obscene, stating that the Khajuraho temples and different websites even have nudity.
“The current court docket order to grab his work raises the priority that authorized devices meant to guard public order are sometimes wielded to implement cultural and political conformity quite than to forestall precise hurt,” says Bose. Whereas now we have the best to be offended by one thing, we can’t take public actions that violate the spirit of expression. “If you’re offended by a e book, movie, or murals, don’t learn, view or go to see it,” shares Ashish Anand, CEO and MD of DAG, which is on the centre of the present controversy. “We should not neglect that even scientific discoveries have offended many previously. The perfect we are able to do is to maintain an open thoughts even when we don’t like or agree with one thing.”
“Instances change, histories change, perceptions change, and with them details [as we know them]. Artists and writers current their views at a given time limit, which depict their perceptions of issues.”Ashish AnandCEO and MD of DAG

Ashish Anand
Considered extra broadly, everyone seems to be at liberty to behave as they need — to precise and to protest mentioned expressions. “That is the character of tradition within the public area and is a part of a free and democratic society,” says Nagy. “These disagreements are completely wholesome.” The humanities don’t work within the template of absolutes. Rejection and acceptance are integral elements in permitting for constructive conversations and deliberations. It mustn’t, nevertheless, inevitably translate into censorship.
For the sake of sensationalism
There have been opinions that Husain usually resorted to creating artwork purely to impress, and thus stay within the information. When sensationalism is used for shock worth with out substantive engagement with the difficulty at hand, it dangers turning into a hole train in self-promotion. “There isn’t a doubt that some artists intentionally create controversy to seize public consideration. However sensationalism, when used successfully, can amplify vital messages and pressure society to confront points it’d in any other case ignore,” says Bose. “Artists like Banksy, Ai Weiwei, and Zehra Doğan have used provocative imagery to focus on oppression, battle, and state censorship.”
Does an artist have an obligation to make sure their work contributes constructively to public discourse quite than merely inciting outrage? The reply is complicated — whereas an artist is predicted to freely specific their deepest private feelings, being half of a bigger society, in addition they have a accountability in the direction of others. “The seizure of Husain’s work demonstrates how authorized and political mechanisms might be weaponised to suppress inventive freedom quite than foster dialogue. If one particular person’s criticism can result in the elimination of art work, it units a precedent the place any controversial expression is prone to being silenced,” concludes Bose.
The Delhi-based tradition author is a practising artist and curator.
Revealed – February 14, 2025 11:31 am IST






