Seven works, including from top Indian artists, by F. N. Souza and Akbar Padamsee, were seized as “obscene material” by Mumbai Customs officials in April 2023. Among the pieces seized were four erotic drawings by Souza, including one titled Lovers and three works by Padamsee, including a drawing titled Nude and two photographs. They were both members of the Progressive Artists’ Group that brought European modernism to India, and their works are in high demand with collectors. The Indian Express
Mustafa Karachiwala, a Mumbai-based businessman and art collector, purchased the artworks at London and Scotland auctions in 2022 through his firm, B. K. Polimex India Pvt Ltd. Customs then seized the consignment saying it was obscene and levied a fine of ₹50,000 on Karachiwala’s company soon after it arrived in Mumbai. NDTV
Karachiwala contested the seizure in the Bombay HC because the artworks were national treasures and not obscene. His lawyers argued that the Customs agents were not qualified to distinguish between art and obscenity and did not consider the context of the works. Latest Laws
The Customs Department was ordered to release life-size paintings within two weeks, following the Bombay High Court’s decision on October 25, 2024, in favour of Karachiwala. The court noted, “Not every nude painting or painting showing some sexual intercourse pose can be styled as obscene.” The Customs, however, had relied on ‘personal opinions’ without taking expert opinion and considering the ‘merit and global acclaim’ of the artists, the bench said. The Hindu
The incident highlights the continuing struggle in India between censorship and the definition of obscenity in art, as well as the need to protect artistic freedom. The judgment signals the need for a nuanced approach to art and its cultural context, particularly when it comes to works by iconic figures such as Souza and Padamsee.
Sources:
“Bombay HC orders Customs dept to release artworks of Souza and Padamsee in next two weeks.” The Hindu. Available at: thehindu.com
“Customs Told to Release F.N. Souza, Akbar Padamsee Artworks Deemed Obscene.” NDTV. Available at: ndtv.com
“Art or Obscenity? HC restrains Customs from destroying artworks of renowned artists F. N. Souza and Akbar Padamsee.” Latest Laws. Available at: latestlaws.com
“Bombay HC orders Customs to release seized artworks of F. N. Souza and Akbar Padamsee.” Indian Express. Available at: indianexpress.com
