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

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.