The Bombay High Court ruled in favor of businessman Mustafa Karachiwala on Friday, directing Mumbai Customs to release seven artworks by Francis N. Souza and Akbar Padamsee that had been confiscated as “obscene.” The court stated that “sex and obscenity are not always synonymous” and criticized Customs for applying an outdated interpretation of obscenity in the context of art.
Karachiwala had acquired these works—a folio of four erotic drawings by Souza and a drawing and two nude photographs by Padamsee—in 2022, but Customs cited a 1964 notification to seize them upon their entry into India, fining him ₹50,000 and suggesting they be destroyed. This prompted Karachiwala to appeal the decision.
The division bench, composed of justices MS Sonak and JS Jain, emphasized that Customs officials could not assume authority over community standards, noting that prominent artists’ works should be assessed with an understanding of artistic value, the artists’ stature, and contemporary community views. They criticized the Customs officer’s narrow view of obscenity, highlighting that both Souza and Padamsee, part of the Progressive Artists’ Group, were instrumental in introducing European modernism to Indian art.
The court’s order concluded that Customs had failed to consider the artists’ reputations and the legal precedents recognizing the artistic, non-obscene nature of their works. Following the ruling, Customs was ordered to release the artworks to Karachiwala within two weeks, allowing him to finally “unbox” his acquisitions.
