Ranjit D. Udeshi v. State of Maharashtra (1965) 

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🧑‍⚖️ Ranjit D. Udeshi v. State of Maharashtra (1965) – Obscenity and the Hicklin Test

📘 Overview

Case Name: Ranjit D. Udeshi v. State of Maharashtra
Citation: AIR 1965 SC 881
Court: Supreme Court of India
Bench: Justice Hidayatullah, Justice Raghubar Dayal, and Justice R.S. Bachawat
Issue: Whether selling Lady Chatterley’s Lover amounted to obscenity under Section 292 IPC.

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⚖️ Background and Facts

Ranjit D. Udeshi, a bookseller in Bombay, was prosecuted under Section 292 of the Indian Penal Code for selling an uncensored copy of "Lady Chatterley’s Lover" by D.H. Lawrence. The book was alleged to contain sexually explicit material that was considered offensive to public morals at the time.

The main question before the Court was whether the book was "obscene" and whether banning it infringed upon the seller’s freedom of speech and expression under Article 19(1)(a) of the Constitution.

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🔍 What is the Hicklin Test?

The Hicklin Test comes from the English case Regina v. Hicklin (1868). 

    It states:

“The test of obscenity is whether the matter tends to deprave and corrupt those whose minds are open to such immoral influences.”

This means that even isolated parts of a work could be considered obscene if they could corrupt vulnerable minds, such as children or morally impressionable adults.

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🏛️ Supreme Court Judgment

• The Court held that obscene materials are not protected under the freedom of speech and expression.

• It applied the Hicklin Test to determine whether the book was obscene.

• Even though the book had literary value, the Court found that the sexually explicit parts could corrupt young minds.

• Hence, the conviction of the bookseller was upheld under Section 292 IPC.

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🧠 Key Takeaways

• The case established that freedom of speech is not absolute and can be restricted under Article 19(2) for reasons of morality and decency.

• The Hicklin Test became the standard for evaluating obscenity in India after this case.

• The ruling reflected a conservative and moralistic approach to obscenity.

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🔁 Later Legal Developments

The Hicklin Test faced criticism over time for being outdated. In Aveek Sarkar v. State of West Bengal (2014), the Supreme Court moved away from the Hicklin Test and adopted the “community standards” test, evaluating the work as a whole and considering modern societal norms.

This shift aligned Indian obscenity law more closely with contemporary international standards.

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📚 Conclusion

The Ranjit D. Udeshi case was a cornerstone in Indian obscenity jurisprudence. It laid down the legal foundation for how freedom of expression interacts with public morality. Though the test used has evolved, this case remains a critical reference point in understanding the legal history of censorship and expression in India.

*This article is for educational purposes and does not constitute legal advice