The Human Science and Jurisprudence of Obscenity and Decency (अश्लीलता और श्लीलता का मानवीय विज्ञान और विधि)

Abstract

This research paper analyzes the concepts of obscenity and decency from the perspectives of human science and jurisprudence. Obscenity and decency are not merely moral or linguistic classifications; rather, they are deeply rooted in social, cultural, psychological, and legal contexts. The study demonstrates that their definitions change with time, society, culture, and individual psychology. In psychology, the subject is linked to sexual consciousness, shame, moral compulsions, and processes of repression, whereas in sociology it is shaped by social norms, power relations, and patriarchal structures. In literature and art, the debate emerges as a conflict between freedom of expression and social responsibility. Furthermore, within the Indian legal system, efforts to define obscenity have been ongoing for several decades; however, in the changing social and digital context, its boundaries and challenges have grown even more complex. This research paper presents the discourse in a balanced manner, showing that there is no permanent or universal criterion for determining obscenity and decency. Hence, it is essential to adopt a scientific, sensitive, and context-specific approach when engaging with these issues.