Obscenity, Choice of Jurisdiction And Cyber Culture

In Ranjit D. Udeshi case (AIR 1965 SC 881, Five Judges bench) Justice Hidayatullah held that thee is no loss to society if there was a message in the book. The divagations with sex are not a legitimate emgroidery but they are the only attractions to the common man. When everything said in its favour we find that in treating with sex the impugned portions viewed separately and also in the setting of the whole book pass the ermissible limits judged of from our community standards and as there is no social gain to us which can be said to preponderate, we must hold the book to satisfy the tests.

The problem of obscenity is incresed day by day due to the advent of virtual world in every nuke and corner of the street. Infact, almost every four house out of ten has computer with Internet facility.

Contemporary Community Interest Test

The United States Supreme Court in Miller v. California 413 US 25 (1973) laid down the "contemporary community standard test" to define an obscenity offence.

Choice of Jurisdiction

Whenever the court is faced with a claim that contains a foreign element. It is only when this element is present that private international law has a function to perform. It has three main objects.

Firstly, to persribe the conditions under which the court is competent to entertain such a claim.

Secondly, to determine for each class of case the particular municipal system of law by which the rights of the parties must be ascertained.

Thirdly, to specify the circumstances in which (a) a foreign judgment can be recognised as decisive of the question in dispute; and (b) the right vested in judgment creditor by a foreign judgment can be enforced by action in England.(Chesire and North's Private International Law, pp. 3-4, 2004)

As per author Mr. praveen the traditional law dealing with obscenity is contained in section 292 of I.P.C. Section 293 of the Code provides for enhanced sentence where the obscene objects are sold, etc, to persons under the age of twenty years. The judiciary in India has always considered obscenity a serious threat to the society at large and took it very seriously. At the same time it encouraged genuine works having artistic value where the objectionable contents of those works were considerably overshadowed by their intrinsic value to the society at large. The above conclusive remark about the seriousness of the problem of obscenity can be concluded.

Virtual world and Obscenity

The emergence of Internet forced our parliament to enact Information Technology Act, 2000. Author also inferencing that I.T.Act, 2000 is properly deals with both the aspects i.e., problem of privacy and the liability of the NSP (Network Service Providers).

Mr. Praveen Dalal in concluding reamarks says that the law regulates the social interests, arbitrates conflicting claims and demands security of persons and property of the people and is an essential function of the state. Agreeing with him, it is State's duty to protect the part and parcel of the people living within the territorial limits of the state. Further agreeing with the authour precaution is better than cure.