The Bombay High Court has ordered the Customs Department to release artworks by F.N. Souza and Akbar Padamsee, emphasizing that not all nude representations are deemed obscene.

“Every nude painting or every painting depicting some sexual intercourse poses cannot be styled as obscene,” the order reads.

The division bench of the High Court, comprising Justice M.S. Sonak and Justice Jitendra Jain, was hearing a petition from B.K. Polimex India Pvt. Ltd. that challenged an order by the Assistant Commissioner, which had resulted in the confiscation of artwork. Mustafa Karachiwala, representing B.K. Polimex India Pvt. Ltd., had purchased the artwork at an auction in London and later brought it to Mumbai. However, when he attempted to ship the paintings through consignment, Customs officials seized them, asserting that they constituted obscene material.

Previously, the bench had ordered that the artwork not be destroyed until further notice. F.N. Souza and Akbar Padamsee, the artists in question, are celebrated figures who have received accolades from the Indian government. The petitioner argued that the Customs officials had failed to differentiate between art and obscenity, claiming that the seizure infringed upon fundamental rights guaranteed by the Constitution.

The bench ultimately quashed the Customs Department's order, highlighting that the department had not sought expert opinions nor reviewed the reports and materials submitted by the petitioner to support their case. It directed that the paintings be released within two weeks from the date of the order.