Tracing the Evolutionary Trend of Decency and Morality in India: A Comparative Analysis
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Type
Article
Date
2020-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Chakraborty, Gangotri
Journal ISSN
Volume Title
Publisher
University of North Bengal
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213Citation
Sen, S. (2020). Tracing the Evolutionary Trend of Decency and Morality in India: A Comparative Analysis. Indian Journal of Law and Justice, 11(1, Part-III), 1–19. https://ir.nbu.ac.in/handle/123456789/4001
Authors
Sen, Shameek
Advisor
Editor
Abstract
This paper seeks to chart the transformative journey of the concept of 'Decency and
Morality', a key component of Article 19(2) of the Indian Constitution, which allows the
State to reasonably restrict an individual's freedom of speech and expression on
grounds of obscenity.
In doing so, the paper seeks to explore the historical trajectory of the obscenity
jurisprudence in India and analyse how India has gradually but certainly shifted away
from the archaic and hyper-conservative Hicklin Test. It also aims at comparing the
Indian evolutionary trend with simultaneous advancements in the UK and US obscenity
laws.
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
11
Issue Number
1, Part-III
ISSN No
0976-3570
eISSN No
Pages
Pages
1 - 19