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Hicklin Test

Hicklin Test states that material could be deemed obscene if it had the tendency to deprave and corrupt those whose minds were open to such immoral influences, particularly children and vulnerable individuals. 

Paridhi Tiwari
Paridhi Tiwari
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Introduction

Article 19(1)(a) guarantees every citizen the right to freely express themselves. This means people can speak their mind, share ideas, write, paint, and express themselves in any peaceful way they choose. It’s like saying everyone has the freedom to be themselves and share what’s important to them without fear. However, Article 19(2) of the Indian Constitution allows for legislative limitations on the right to free expression in the sake of decency or morality. The word obscene comes from the Latin word “obscenus”, which means foul, repulsive, or detestable. Obscenity can be considered as displeasing content that has the ability to morally degrade individuals. The Oxford dictionary defines obscene as offensive or disgusting by accepted standards of morality and decency. Although, despite having a dictionary definition, the precise interpretation of ‘obscene’ remains unclear and ambiguous. Obscenity is often defined differently around the globe influenced by norms and the historical evolution of cultures.

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Paridhi Tiwari
Written by Paridhi Tiwari
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