What really counts as obscenity? How much is too much? Who decides? I have found myself pondering over these questions more than once ever since news broke of actress Poonam Pandey's arrest for what was allegedly an "obscene" shoot in Goa. She is now out on bail, as previously reported by us. But the issue of booking her for obscenity in the first place still remains. While I understand that Pandey's arrest was legal as regards "public" obscenity - specifically "for obscene gestures, trespassing on the government property, and for shooting and distributing an indecent video" as the Goa DSP said - a lot is still troubling in the matter. Starting with the reaction her arrest received.
Poonam Pandey Obscene Shoot - Our definition?
Not even a full day after the internet was swooning over actor-model Milind Soman's nude beach run photo, was Pandey arrested for "obscenity". The irony of the situation was glaring. But many on social media missed it, choosing to focus instead on poking fun at Pandey. Armed with righteousness, several on the internet hailed her arrest, asserting that the actress had it coming for a long time. Pandey, who is infamous for her nude photoshoots and explicit online content (but isn't professionally an adult actress), has been caught in controversies over it more than once. But does it warrant arrest? Does it at all warrant celebration over the said arrest? Is the resentment actually against Pandey's latest shoot or the audacity of her other content?
Also Read: While We Were Lauding Milind Soman For Nude Run, Poonam Pandey Got Arrested For “Obscene” Shoot
Why Do We Link Morality To Sexuality?
We live in strange times, and a country that is in over its head on what is and isn't moral correctness. To begin with, India relates a large part of its morality to sexuality. Even at the outset, this is a false correlation because it is totally arbitrary. What is the connection between showing skin and being a mentally corrupt individual? If I cover myself head to toe, does that give me the liberty to be a bad person? Needless to say, women have to bear the brunt of most of these social ideals. A man running nude on the beach is a hunk, a woman shooting "obscenity" is worthy of arrest.
Now what's interesting is that notwithstanding the moral lessons of tradition and sanskaar that Indians impart to whoever defaults on these fronts, India remains one of the top consumers of porn in the world. What's more interesting is that we are retaining our coveted position despite a legal ban on porn websites in the country. This goes to show that we are ready to overcome any hurdles that stand in the way of us and our beloved porn.
Also Read: A Not-So-Secret Secret: India’s Conflicted Relationship With Sex Toys
Why do we love taking what we think is the moral high ground then? Is it not double standards for a country to enjoy explicit content and then cheer when a woman engaged in it is booked? By that logic, doesn't enjoying porn make the viewers "obscene" too? If not, then why are people so irked with Pandey? Is it simply because she is a woman who isn't conforming to regular notions of how a woman is supposed to be, act, and behave? Or because she is a woman of "questionable" character that we are indifferent to her arrest? Who's to say that these very people cheering her arrest are the ones who enjoy her content in private?
What Is The Perfect Definition Of Obscenity?
Since Pandey's arrest was a legal matter in itself, I won't question the legality of it. Especially if she trespassed into government property she wasn't supposed to, as per the police. But that does not bar me from questioning the obscenity law that she was booked under. Pandey was booked under section 294 (obscenity) of the Indian Penal Code. Indian Kanoon states this law can punish if someone "does any obscene act in any public place" or "sings, recites or utters any obscene song, ballad or words, in or near any public place."
However, the concept of obscenity itself hasn't been spelled out with precision in the IPC. According to law firm SS Rana & Co., "The words obscene and obscenity have not been defined clearly in the Indian Penal Code. Section 292 of IPC only states that if any material taken as a whole, is lascivious or appeals to prurient interest and tends to deprave and corrupts the persons who read, see or hear the matter contained will come under the ambit of obscenity."
Also Read: LOL Surprise! Dolls And The Controversy Around Hidden Sexual Messaging In Kids’ Toys
Therefore, what can be condemned as obscene comes under question. How much nudity is obscene? What is the appropriate way of being in public? Who decides what is lascivious or what will outrage one's modesty? If Soman's nude run is acceptable to the public, then why not Pandey's "obscene" shoot? Is there one perfect definition of obscenity? Does an imperfect society like ours even have the authority to define it? When the cheers subside, these are the real questions that need addressing.
Views expressed are the author's own.