Profanity, Vulgarity And Constitutional Morality: Redefining Obscenity In Indian Digital Jurisprudence
- IJLLR Journal
- 15 minutes ago
- 1 min read
Poonam Tamrakar, Assistant Professor, Hitkarini Law College, Jabalpur, Madhya Pradesh
ABSTRACT
The regulation of obscenity in India has historically oscillated between restrictive morality and constitutional freedom of expression. The advent of digital platforms has sharpened this conflict, particularly in cases where profanity and vulgarity dominate popular cultural content. The Delhi High Court’s ruling in the “College Romance” web series controversy (2022), equating profanity with obscenity, and the Supreme Court’s corrective judgment in the same case, which decisively separated profanity from legal obscenity, exemplify this evolving jurisprudence.
This paper argues that Indian obscenity law must be redefined through the lens of constitutional morality, a principle repeatedly emphasised by the Supreme Court in cases such as Navtej Singh Johar v. Union of India, 2018 and Indian Young Lawyers Association v. State of Kerala 2018. Constitutional morality requires courts to transcend fluctuating notions of public morality and instead safeguard individual rights, artistic freedom, and gender justice within a harm-based framework.
By analysing statutory provisions (IPC/BNS, IT Act, IT Rules, POCSO, IRWPA), judicial precedents (from Ranjit Udeshi to Aveek Sarkar to TVF Media Labs), and comparative jurisprudence (U.S., U.K.), this study highlights the inadequacy of morality-based censorship in the digital era. It proposes a reoriented model where profanity and vulgarity are excluded from the ambit of obscenity, while protection of children and prevention of exploitative content remain central regulatory priorities. The paper concludes by suggesting statutory clarity, harm-sensitive standards, and proportionate regulation as the constitutional path forward for India’s digital jurisprudence on obscenity.
Keywords: Profanity, Vulgarity, Obscenity, Constitutional Morality, Public Morality, Free Speech, Cyberspace, OTT Platforms.
