In addition, section 294 of the IPC makes obscene songs and dance illegal. Moreover, both section 67 IT Act and section 292 IPC make an exception for material that is “in the interest of science, literature, art or learning or other objects of general concern” or has a “bona fide heritage or religious purpose.” The exceptions listed in the law do not, however, seem sufficient to curtail its misuse. In a groundbreaking study on the use of section 67 of the IT Act in India, Bishakha Datta found that section 67 has been slapped on people in a wide variety of situations, including for speech acts that consist of legitimate political speech.75 In some of these cases, the charge of obscenity is completely misplaced, in others overdrawn. For example, in September 2012, Henna Bakshi was booked under section 67, among others, for using abusive language in messages she posted on the Chandigarh traffic police’s Facebook page, following an unhappy series of interactions with the police after her car was stolen. While Bakshi did use unparliamentary language in her complaints to the police, only a total of two words used by her in the exchange could be considered to have a sexual connotation.76 In another example, in November 2016, a Karnataka man was arrested on obscenity charges for allegedly posting on social media a photo of India’s prime minister being urinated upon.77 A complex mesh of reasons can explain the overuse of such sections. First, as Richa Kaul Padte and Anja Kovacs have noted elsewhere, laws focusing on obscenity and (in)decency in India are based on “the belief that [female] sexuality is an inherently corrupting force that serves to destroy the moral and social fabric of a culture, and therefore, something that needs to be suppressed.”78 Expressions of female sexuality are not only understood as violations of notions of “decency” and “morality” but also as against the broader interests of the state, as sexless, clothed female bodies have come to signify the purity of the nation.79 Though often defended in the name of women’s protection, such laws thus 75 Datta, B. (2017). Guavas and Genitals: An exploratory study on section 67 of the Information Technology Act, India. Mumbai: Point of View. 76 For a detailed discussion of this case, see Shora, S. R., & Kovacs, A. (2013). Op. cit. 77 The News Minute. (2016, 28 November). Karnataka Man Arrested for Posting Obscene Photo of PM Modi on Facebook. The News Minute. http://www.thenewsminute.com/article/karnataka-manarrested-posting-obscene-photo-pm-modi-facebook-53533 78 Kaul Padte, R., & Kovacs, A. (2013). Keeping Women Safe? Gender, Online Harassment and Indian Law. New Delhi: Internet Democracy Project. https://internetdemocracy.in/reports/ keeping-women-safe-gender-online-harassment-and-indian-law/ 79 Bose, B. (2006). Introduction. In B. Bose (Ed.), Gender and Censorship. New Delhi: Women Unlimited. see expressions of female sexuality as a problem, a transgression, and control of women’s bodies as essential. Not individual rights but “collective” values that are held dear by dominant groups really are considered the victims here. In other words, through morality, a particular set of power relations is sought to be protected. Against this backdrop, the ambiguous phrasing of these laws becomes particularly problematic. Scientific or sociologically accepted definitions of what is “lascivious” or “appeals to the prurient interest,” what is depraved or corrupting, remain absent. In fact, there is not even agreement on what constitutes “art”. As a consequence, in interpreting what qualifies as obscenity, the personal perspectives and values of those making these decisions matter a great deal, and even judges do not always agree with one another when considering these matters. For example, when, in a 1986 case, a High Court judge ruled the description of the female body by a well-known writer obscene, this decision was overruled by the Supreme Court, which believed it to be for the advancement of art.80 Moreover, Datta’s research on the use of section 67 of the IT Act has shown that the situation is even worse on the ground: for many police officers, whose first language is often not English, words such as “prurient” or “lascivious” are simply meaningless.81 In addition, it is important to note that obscenity attracts a higher sentence when the offence is an electronic one. Under section 292 IPC, a first conviction only attracts a prison sentence of up to two years or a fine of up to 2,000 rupees, as against three years and 500,000 rupees under section 67 of the IT Act. While a second conviction may attract a term of up to five years under both sections, the IT Act allows for a fine of a whopping one million rupees, as against 5,000 rupees under the IPC. The IPC makes an exception to these relatively milder punishments only when the obscene material is shared with someone younger than 21 years of age.82 The fact that the IT Act generally provides for higher sentences for obscenity offences than the IPC has important procedural consequences – and not merely for those convicted. While all the provisions discussed are bailable, the longer sentence 80 As noted in Jaising, I. (2006). Obscenity: The Use and Abuse of the Law. In B. Bose (Ed.), Gender and Censorship. New Delhi: Women Unlimited. 81 Datta, B. (2017). Op. cit. 82 Section 293 IPC makes illegal the sale, etc. of obscene objects to young persons, prescribing a jail term of up to three years and a fine of 2,000 rupees for a first conviction and of up to seven years and a fine of up to 5,000 rupees for repeat offenders. INDIA / 63