Three cheers for the Delhi High Court

Its verdict should halt the tendency to use the law to flaunt competitive intolerance

Excerpts from the verdict of a single-judge bench of the Delhi High Court (Justice Sanjay Kishan Kaul):

In a free and democratic society, tolerance is vital. This is true especially in large and complex societies like ours where people with varied beliefs and interests mingle..

It is very unfortunate that the works of any artist today who have tried to play around with nudity have come under scrutiny. These artists have had to face the music, making them think twice before exhibiting their work of art.

India’s new Puritanism, practised by a largely ignorant crowd in the name of Indian spiritual purity, is threatening to throw the nation back into the Pre-Renaissance era. Criminal justice system should not be used as an easy recourse to ventilate against a creative act.

Today, each painting has a story to narrate. Art to every artist is a vehicle for personal expression. An aesthetic work of art has the vigour to connect to an individual sensually, emotionally, mentally and spiritually.

The test for judging a work of art should be that of an ordinary man of common sense and not that of a hyper-sensitive one. Therefore looking at a piece of art from the painter’s perspective becomes very important, especially in the context of the nude.

Art and authority never had a difficult relationship, until recently…Our greatest problem today is fundamentalism, the triumph of the letter over the spirit. [IE]

Thus bench disposed off a slew of charges against M F Hussain (See Retributions). The plaintiffs will probably take their intolerance to the Supreme Court, but Justice Kaul’s judgement applies the brakes on the march of competitive intolerance. The big challenge, of course, is to make the ordinary man less hyper-sensitive. This judgement helps.

(We are trying to get hold of the full text of what looks like a very well-composed judgement.)

Update: Read Sandeep’s view, because it’s different.