The Supreme Court today (8th September’08) quashed all proceedings against the great Indian painter Maqbul Fida Husain, 93, against his art forms depicting nude figures claimed as Hindu Goddess by his opponents, mainly Hindu religious fanatics.
While refusing to allow prosecution against the painter on obscenity charges, the Chief Justice of India K.G.Balakrishan asked, “There are so many such subjects, photographs and publications. Will you file cases against all of them?” looking at the complainant.
He further added, “It (Husain’s work) is art. If you don’t want to see it, then don’t see it. There are so many such art forms in the (Hindu) temple structures.”
The Supreme Court also rejected the complainant’s argument that the painter be summoned before the court to explain his paintings. Under pressure from religious fanatics who have vandalized his studio and house, M.F.Husain has been living in self-imposed exile in London and Dubai for the last two years while a series of cases have been filed against him in India for his nude paintings of Hindu Goddess and Bharat Mata.
Earlier three complainants had moved courts in their respective states claiming that Husain’s nude Bharata Mata (Mother India) had offended Hindu religious sentiments.
The apex court has clubbed these complaints on a plea by Husain, who said he was too old and ill to travel and fight the case, and sent them to Delhi High Court in September last year.
Justice Sanjay Kishan Kaul of Delhi High Court, while dismissing the criminal complaints on 8th May this year said, “A painter has his own perspective of looking at things and it cannot be the basis of initiating criminal proceedings against him. In India a new Puritanism is being carried out in the name of cultural purity and a host of ignorant people are vandalizing art and pushing us towards pre-renaissance era. A painter at 90 deserves to be sitting at his home and painting his canvas (rather than living in exile).”