Abstract

The subjectivity of the term �obscenity� has paved the way for several controversies. This has created the need for the community standards to evolve with regards to the changing circumstances and the factors such as ongoing political, social and cultural atmosphere play a quintessential role. The definition of what may be considered to be obscene should not be limited to the interpretative standards of an ultra-sensitive group of individuals but should rather depend upon the era. It is imperative to realise that though the community standards play a crucial role in determining obscenity, it cannot be used as the sole criteria for evaluation. Several other factors such as the targeted audience, the predominant theme, associated artistic and literary value, standards of a reasonable man etc. need to be taken into consideration while asserting the same. The vagueness and malleability of community standards test is indeed a substantially influential mechanism of suppression in the government's arsenal. The conception of social morality is congenitally subjective and therefore, the inordinate obstruction in the sphere of individual autonomy should not be exploited by the criminal law

Description