Tracing the Evolutionary Trend of Decency and Morality in India: A Comparative Analysis

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Article

Date

2020-03

Journal Title

Indian Journal of Law and Justice

Journal Editor

Chakraborty, Gangotri

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Volume Title

Publisher

University of North Bengal

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Authors

Sen, Shameek

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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.

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Keywords

Decency and Morality, Article 19(2), UK and USA Obscenity Laws

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Volume Number

11

Issue Number

1, Part-III

ISSN No

0976-3570

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Pages

Pages

1 - 19

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