By Arjun Punaji

India has risen as a global attraction, captivating audiences with its vibrant cinematic innovations, rich artistic heritage, and profound literary works. These very expressions, however, sometimes clash with the state's desire to follow expected moral codes. The government, wary of "immoral activities" within these creative mediums, prescribes certain norms and imposes penalties for non-compliance. One such contested area is "obscenity," a concept with criminal law repercussions. This paper delves into Section 292 of the Indian Penal Code (IPC) and the concept of obscenity. I will analyse the current legal tests and thresholds for obscenity in light of a rapidly changing world that demands more liberal legislation. Since "obscenity" often aligns with "socially immoral codes," I will examine obscene material through the lens of legal moralism. This paper's main focus is to examine the sanctity and clarity of ‘contemporary community standard’ and also examine that does morality and decency have static meanings or changes over time. Though the ‘Contemporary Community Standard’ is a good law at present, and invoked this standard repeatedly, courts were unable to define and clarify what the contemporary community standard constitutes. My argument is that this standard is problematic and unconvincing since the ‘Contemporary community standard’ itself is highly subjective because within the same community, both conservative and liberal ideas meet and one’s ugliness may become another’s creativity and freedom of expression. Also, morality does not uniformly apply in the same society. What I ‘like’ and approve of material or content may be ‘disgusting’ to others and the ‘contemporary community’ belongs to all sections of society such as rich and poor, readers and illiterates, old and adult, conservatives, and liberals. Therefore, I examine this standard through a ‘legal moralism’ perspective. This includes exploring the famous arguments of Lord Devlin in his "The Enforcement of Morals" lecture, along with the counter-arguments presented by H.L.A. Hart and Ronald Dworkin. Furthermore, we will investigate some of India's landmark (or controversial) obscenity cases. These cases often rely heavily on Western legal interpretations like the Hicklin Test, Miller Test, and the Contemporary Community Standard Test, without providing clear explanations for their application in the Indian context. This analysis aims to demonstrate why India needs to reevaluate its current legal tests in light of societal changes. Then I will propose the "harm principle" as a framework for regulating obscenity, advocating for a higher threshold for punishment. By taking a critical look at existing legal frameworks and advocating for a harm based approach, we can ensure that India's vibrant artistic expressions can flourish while upholding a sense of community decency.

National Law School of Indian University

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By N. Prabha Unnithan

Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.

SAGE, 2013, 476 pages

By Prem Mahadevan

India’s socio-economic realities have evolved significantly over the past four decades, particularly as far as attitudes to wealth accumulation are concerned. Gold is today no longer negatively associated with crooked businessmen, but rather positively with the consumerist aspirations of middle-class India. It is used to project enhanced family status at events such as the ‘great Indian wedding’, and is perceived as a high-return investment and a hedge against inflation. Demand for gold has consistently risen 14% annually since 2001, with prices altogether increasing eight-fold. The Indian love affair with gold continues even as the economy strains under the weight of gold imports that degrade the fiscal balance. Gold is metaphorically to many Indians what opium was to the Chinese in the 19th century: an addictive escape from institutional decay and social stagnation. But hoarding gold pits the individual and their family against the government and its need to keep liquidity flowing in order to grow the economy.

Geneva: Global Initiative Against Transnational Organized Crime. 2020. 49p.

By Saket Badolaand and Astha Gautam

TRAFFIC’s “HIGH FLYING: Insight into wildlife trafficking through India's airports” analysis found the trafficking of over 70,000 native and exotic wild animals, including their body parts or derivatives (weighing around 4000kg) in 140 wildlife seizure incidents at 18 Indian airports between 2011-2020. Many of the seized species are categorised as threatened on the IUCN Red List and listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Appendices, regulating its trade to protect the species from decline.

One example, the Indian Star Tortoise, is listed as Vulnerable on the IUCN Red List. However, traffickers clearly disregard the threatened status and international CITES rules in Appendix I prohibiting its trade as the Indian Star Tortoise was the highest number of native species seized between 2011-2020. Among the species groups seized (including both Indian and exotic species), reptiles were the most encountered group during the study period (46%), followed by mammals (18%), timber (13%), and species from the marine environment (10%).

The highest number of native species seized included the Indian Star Tortoise, followed by the Black Pond Turtle Geoclemys hamiltonii.

The highest number of non-native species seized, Red-Eared Slider Turtle, followed by the Chinese Pond Turtle Mauremys reevesii.

Chennai International Airport, Tamil Nadu, recorded the highest number of wildlife seizure incidents, followed by Chhatrapati Shivaji International Airport, Mumbai and Indira Gandhi Airport New Delhi. The study's findings reflect the ongoing trafficking and not an actual representation as most of the illegal wildlife trade goes unchecked and unreported.

Godalming, UK: Traffic, 2022. 12p.

By Jabin T. Jacob

The India-Myanmar border regions form a forgotten frontier in the Indian and global imagination. India’s frontiers to the west (Pakistan), to the north (Tibet/China) and to the south (Sri Lanka and the Indian Ocean) have always received greater attention. Today, however, the region representing the conjunction of India, China and Myanmar is returning to the centre of attention for a number of reasons both old and new. Violence (‘Guns’) has been endemic in the region since communities and peoples were rent asunder by the imposition and policing of officially demarcated borders between India and Myanmar. Yet, trade (‘Blankets’) – both formal and informal – has managed to carry on. What has added to the importance of the region in the eyes of the national capitals, is the increasing severity of transnational challenges such as drug-trafficking and the spread of diseases (‘Bird Flu’). Together, these three factors have kept both a regional identity as well as specific community identities alive. This paper is an attempt to examine the region-building properties of these factors.

Cahiers de SPIRIT, 2010. 27p,

By Roy K. Anderson.

“ At a time when the drug-evil, as it is called, is attracting so much attention all over the world, it does not seem out of place to tell the public something about how conditions brought it about.”

Calcutta: Thacker, Spink, 1922. 104p.