Balancing Artistic Freedom And Religious Sentiments: Legal Perspectives And Challenges In India
- IJLLR Journal
- May 10
- 1 min read
Santhanu. S, Govt Law College, Thiruvananthapuram
ABSTRACT
Art can be defined as the intentional creation of works that evoke aesthetic, emotional, or intellectual responses through various forms such as visual arts, music, literature, and performance.
The conflict between artistic freedom and religious sentiments has a long history.
“MF Husain’s Paintings: The renowned Indian artist faced controversy and legal challenges over his paintings depicting Hindu deities, which were deemed offensive by some groups. Another instance is, Paanch” (2001): Anurag Kashyap’s film, which was not released due to its controversial content, faced significant opposition related to religious sensitivities. Artistic expression with the protection of religious sentiments is essential in India & the world.
This paper examines how Sections 299 and 302 of the Bharatiya Nyaya Sanhita (BNS), which address acts affecting religious feelings, are applied in cases involving artistic works in India. It also explores whether hurting religious sentiments falls as a ground for restriction under Section 5B(1) of the cinematograph Act, 1952, in light of judicial precedents. Further, it addresses whether Article 19(2) restricts artistic and religious expression. The paper will also discuss the Censor Board’s limitations in regulating content on social media platforms and when and where the line must be drawn when artistic works hurt religious feelings.
Keywords: Artistic works, religious sentiments, sections 96,299 & 302 of BNS, section 5B(1),cinematograph act, censor board & social media
