In a landmark ruling on Friday, the Bombay High Court directed Mumbai Customs to return seven confiscated artworks by prominent artists Francis N. Souza and Akbar Padamsee within two weeks. The court’s decision follows a dispute regarding the classification of the artworks as obscene, a claim that the judges dismissed, stating, “Sex and obscenity are not always synonymous.”
The case began when Mumbai businessman Mustafa Karachiwala acquired a folio of four erotic drawings by Souza, along with a drawing and two nude photographs by Padamsee, in 2022. Upon attempting to import the pieces, Customs seized them, invoking a 1964 notification and imposing a ₹50,000 fine on Karachiwala. He was also asked to explain why the artworks should not be destroyed.
Karachiwala subsequently appealed to the high court, which ruled in his favor. Justices MS Sonak and JS Jain emphasized that Customs officials cannot act as arbiters of community standards, noting that their decision reflected a narrow view of obscenity that overlooked the artists’ significance and the artworks’ artistic merit. The court highlighted that the expertise and renown of Souza and Padamsee were entirely ignored in the Customs assessment.
The judges remarked that the Assistant Commissioner of Customs demonstrated an “obsession” with his own interpretations of obscenity, failing to consider existing judicial precedents that recognize the artistic value of such works. They stressed that the classification of art should not be dictated by personal biases.
Karachiwala expressed his enthusiasm about the court’s decision, stating, “I’m excited to finally unbox the art I had acquired.” He acknowledged the support of prominent gallerists like Roshni Vadhera and Geeta Mehra, who provided guidance and certification for the artworks.
This ruling sets a significant precedent in India’s art landscape, reaffirming the importance of artistic expression over restrictive definitions of obscenity.
