The issue of Obscenity has vexed the Courts in India and abroad for a long time now.

The
intriguing question has always been the same, i.e., what should be the standards to qualify
something as obscene in the eyes of law? In the United Kingdom, way back in 1868, the Court
laid down the Hicklin test in Regina v. Hicklin (1868 L.R. 2 Q.B. 360), and held that: ―The test of
Obscenity is whether the tendency of the matter charged as Obscenity is to deprave and
corrupt those whose minds are open to such immoral influences and into whose hands a
publication of this sort may fall.‖ Hicklin test postulated that a publication has to be judged for
obscenity based on isolated passages of a work considered out of context and judged by their
apparent influence on most susceptible readers, such as children or weak-minded adults.
However, this test was later rejected by most of the jurisdictions. There were many judgments
where it was stipulated by the Indian Courts that, Obscenity has to be judged in the context of
contemporary social mores, current socio-moral attitude of the community and the prevalent
norms of acceptability/ susceptibility of the community, in relation to matters in issue. [For
example, in Ranjit D. Udeshi v. State of Maharashtra AIR 1965 SC 881; Chandrakant Kalyandas
Kakodar v. State of Maharashtra 1969 (2) SCC 687 etc.] These judgements indicated that the
concept of Obscenity would change with the passage of time and what might have been
―obscene‖ at one point of time would not be considered as obscene at a later period. This
came to be known as ―Community Standards Test‖. In Bobby Art International & Ors. v. Om
Pal Singh Hoon (1996) 4 SCC 1, the Court, upholding the Community standards test held that,
complete message and context of the objectionable scene/firm/picture etc., needs to be
examined in order to find out whether the alleged material is obscene or not.
1. A, daily local newspaper called ‗Ramanand Bazar Patrika‘ having wide circulation in
Anandnagar published, on 1st July, 2019, an article with a picture of Boris Becker, a world
renowned Tennis player, posing nude with his dark-skinned fianc e by name Barbara Feltus, a
film actress, which was photographed by none other than her father. The article states that,
in an interview, both Boris Becker and Barbara Feltus spoke freely about their engagement,
their lives and future plans and the message they wanted to convey to the people at large, for
posing to such a photograph. Article picturises Boris Becker as a strident protester of the
pernicious practice of ―Apartheid‖. Further, it was stated that the purpose of the
photograph was also to signify that love champions over hatred. Will the alleged picture
classify as an Obscene Material in India?
a) No, according to the Hicklin Test, it will not classify as Obscene.
b) Yes, according to the Community Standards Test, the picture will classify as Obscene.
c) No, according to the Community Standards Test, the picture will not classify as
Obscene.
d) Both (a) and (c).
2. The difference between Hicklin Test and Community Standards Test is
a) The former focuses on the susceptibility of the minds of individuals to get corrupted
while The later hinges upon the context, intended meaning and contemporaneous
socio-cultural Environment of the society.
 b) As per Hicklin Test, a nude picture of a women per se can be obscene while as per the
Later, the picture should be suggestive of deprave mind and designed to excite sexual
passion In persons who are likely to see it.
c) The former considers Obscenity as a changing concept with changing times while the
later does not.
d) All of the above.
3. The issue of ‗Obscenity‘ is fundamentally related with which of the following?
a) Freedom of Religion of an individual.
b) Freedom of Speech and Expression of an individual.
c) Right to Privacy of an individual.
d) All of the above.
4. Consider the following situations. Choose the correct option as per the Hicklin‘s Test.
1. A Movie scene where there are rows of Jewish naked men and women, shown frontally,
being led into the Gas Chambers of Nazi Concentration Camp. Not only they are about
to die but they are stripped off their basic dignity in the last moments of their life.
2. The controversial movie scene of Phoolan Devi, the Bandit queen where she is paraded
naked and made to draw water from the well within the circle of a hundred men.
a) 1 is Obscene but 2 is not.
b) 2 is Obscene but 1 is not.
c) Both 1 and 2 are Obscene.
d) Neither 1 and 2 are Obscene.

5. An activist, while being semi-nude, allowed her body to be used as a canvas to paint on by
her two minor children who were properly clothed. She uploaded this video of hers on an
online platform with a message that she intended to normalise the female form for her
children and not allow distorted ideas about sexuality to pervade their mind. An advocate
who sees the video, registers a case of Obscenity against her. Is it a case of Obscenity as per
the Community Standards Test?
a) This is a pure case of Obscenity and she is spreading it.
b) This is a pure case of Obscenity as well as Child Pornography as her children were
Exposed to her nudity.
c) This is not a case of Obscenity because as per the Community Standards Test the video
must not be seen in isolation but in the contextual set up of the message that the
activist has put on normalisation of a female‘s sexuality.
d) T is a case of Obscenity as per the Community Standards Test as the video was blatantly
obscene.
The work which Gandhi had taken up was not only regarding the achievement of political
freedom but also the establishment of a new social order based on truth and non violence,
unity and peace, equality and universal brotherhood and maximam freedom for all. This
unfinished part of his experiment was perhaps even more difficult to achieve that the
achievement of political freedom. In the political struggle, the fight was against foreign power
and all one could do was either join it or wish it success and give it his/ her moral support. In
establishing a social order on this pattern, there was a strong possibility of a conflict arising
Between groups and classes of our own people. Experience shows that man values his
possession even more than his Life because in the former he sees the means of perpetuation
and Survival of his descendants even after his body is reduced to ashes. A new order could not
be established without radically changing the mind and attitude of men towards property and
at some stage or the other, the ‘haves’ Had to yeild place to the ' have-nots'. We have seen, in
our time, attempts to achieve a kind of egalitarian society and the picture of after it was
achieved. But this was done by and large, through the use of physical force.
In the ultimate analysis, it is dificult, if not possible, to say that the instinct to possess has
been rooted out or that it will not reappear in an even worst form under a different guise. It
may even be that, like a gas kept confined within the containers under great pressure or water
held back by a big dam, once the barrier breaks, the reaction will one days sweep back with the
violence equal in extent and intensity to what was used to establish and maintain the
egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own
destruction.
The root cause of class conflict is possessiveness or the anquisitive instinct. So long as the
ideal is to be achieved is one of securing maximum material satisfaction, possessiveness is
neither suppressed nor nor eliminated but grows on what it feeds. Nor does it cease to be
possessiveness, whether it is confined to only a few or shared to many.
If egalitarianism is to endure, it has to be based not on the possession of the maximum
material goods by a few or by all but on voluntary, enlightened renunciation of those goods
which cannot be shared by others or can be enjoyed only at the expense of others. This calls for
substitution of material values by purely spiritual ones. The paradise of material transaction,
which is sometimes equated with progress these days, neither spells peace nor progress.
Mahatma Gandhi has shown us the how the acquisitive instinct inherent in man can be
transmuted by the adoption of the ideal of trusteeship by those who ‘have’ for the benefit of all
those who ‘have not’ so that, instead of leading to exploitation and conflict, it would become a
means and incentive for the amelioration and progress of society respectively.
6. According to the passage, egalitarianism will not survive if
a) It is based on voluntary renunciation.
b) It is achieved by resorting to physical force.
c) Underprivileged people are not involved in its establishment.
d) People’s outlook towards it is not radically changed.
7. According to the passage, why does man value his possessions more than his life?
a) He has inherent desire to share his possession with others.
b) He is endowed with the possesive instinct.
c) Only his possession helps him earn love and respect from his descendants.
 d) Through his possessions he can preserve his name after his death.
8. According to the passage, which was the unfinished part of Gandhi’s experiment?
a) Educating people to avoid class conflict.
b) Achieving total political freedom for the country.
c) Establishment of egalitarianism society.
d) Radically changing the mind and attitude of men towards truth and non-violence.
9. Acc. To the passage, true egalitarianism will last only if
a) It is thrust upon people.
b) It is based on truth and violence.
c) People inculcate spiritual values instead of material values.
d) ‘Haves’ and ‘have-nots’ live together peacefully.
10. Which of the following statements is ‘not true’ in the context of the passage?
a) True egalitarianism can be achieved by giving up one’s possessions under compulsion.
b) Man values his life more than his possessions.
c) Possesive instinct is a natural desire of human beings.
d) In the political struggle, the fight was against alien rule.
11. According to the passage, people ultimately overturn a social order
a) Which is based on coercion and oppression.
b) Which does not satisfy their basic needs.
c) Which is based on conciliation and reapproachment.
d) Which is not congenital to the spiritual values of the people.
12. Acc. To the passage, the root cause of class conflict is
a) The paradise of material satisfaction.
b) Dominant inherent acquisitive instinct in man.
c) Exploitation of the ' have-nots' by the ‘haves’.
d) A social order where the unprivileged are not a part of the establishment.
13. Which of the following statements is ‘not true' in the context of the passage?
a) A new order can be established by radically changing the outlook of people towards it.
b) Adoption of the ideal of trusteeship can minimise possesive instinct.
c) Enforced egalitarianism can be the cause of its own destruction.
d) Ideal of new order is to secure maximum material satisfaction.
14. Which of the following conclusions can be deducted from the passage?
a) A social order based on truth and non-violence alone can help the achievement of
political freedom.
b) After establishing the social order of Gandhiji’s pattern, the possibility of a conflict
between classes of society will hardly exist.
 c) It is difficult to change the attitude and mind of men towards property.
d) In an egalitarian society, material satisfaction can be enjoyed only at the expense of
others.
15. Acc. To the passage, what does ‘adoption of the ideal of trusteeship' mean?
a) Equating peace and progress with material satisfaction.
b) Adoption of the ideal by the ‘haves’fir the benefits of ‘have-nots’.
c) Voluntary enlightened remuneration of the possesive instinct by the privileged class.
d) Substitution of spiritual values by material ones by those who live in the paradise of
material satisfaction.
Choose the most appropriate word to each blank:
The ..1… of power in India took place rather abruptly and the British handed over the …2… of
the country to the Indian National Congress. The National Congress was certainly a …3… body
and in those days could …4… speak …5… the people of India, but it was not an elected body.
Further, there was no …6… Constitution for free India. In the …7… of this, independent India,
from A.D. 1947 …8… its …9… as a sovereign Republic with a Constitution of its own, …10…
legally a dominion of the British Commonwealth of Nations.
The Indian Constitutional Assembly met as …11… as the ninth of December 1946, before
Independence was …12… granted. The Assembly appointed a number of committees to report
on the various aspects of the …13… Constitution and after prolonged discussions, the Indian
Constitution was …14… with 395 Articles and Eight Schedules and was adopted by the
Constituent Assembly on the twenty-sixth of November, 1949. The Indian Republic was officially
…15… on the twenty-sixth of January, 1950.
1. a) transfer
b) greed.
c) generation.
d) deployment.
2. a) wealth
b) administration
c) culture
d) heritage.
3. a) religious
b) compact
c) loyal
d) unlawful.
4. a) seldom
b) violently
c) meekly
d) effectively.
5. a) to
b) before
c) for
d) against.
6. a) modified
b) practised
c) proper
d) evolved.
7. a) absence
b) form
c) shake
d) effect.
8. a) and
b) by
c) before
d) till.
9. a) nomination
b) existence
c) migration.
d) emergence.
10. a) formed
b) was
c) evolved
d) considered.
11. a) much
b) modestly
c) for
d) early.
12. a) clearly
b) being
c) partially
d) formally.
13. a) proposed
b) entire
c) abandoned
d) necessary.
14. a) found
b) saddled
c) finalized
d) altered.
15. a) renounced
b) inaugurated
c) published.
d) born.
Legal Aptitude
Facts:
BR Industries, a company manufacturing drills, machine parts and components thereof and a
purchaser of subcontract work from other suppliers, won the bid from the HLK company to
supply certain part to it at a specified price. BR Industries then intended to keep the difference
between the amount it billed the HLK Company and the amount SU Co. Asserts that the
contract is void as against public policy because defendant turned a profit of 84.09 percent on
anvils, 39.13 percent on holder primers and 68.33 percent on Plunger supports.
1. Did plaintiff receive too much compensation deeming it unconscionable and against public
policy?
 a) The contract is void as against public policy as it is a contract that contemplates collusive
bidding on a public contract.
b) The Contract is void as it is unfairly one sided.
c) Relative values of a consideration in a contract between business men at ' arms-
length'without fraud will not affect the validity of the contract.
Relative values of the consideration in a contract between business men will affect the
validity of the contract as it amounts to abuse of dominance and unconscionslaughte
Right to carry on any occupation, Trade or business is a fundamental right under Indian
Constitution. The State is under an obligation under the Directive principles of State policies
too organise agriculture and animal husbandry on scientific lines, and towards that goal,
take steps to prohibit cow slaughter.
2. The State of Uttranchal passed a legislation totally prohibiting cow slaughter. A, a
butcher, trading in meat of all animals including cows, challenged this legislation as
violating his fundamental right to carry on his business. Decide the case:
a) The State of Uttranchal cannot make a law taking away any fundamental right. Such
law is null and void.
b) The State can prohibit cow slaughter to organise animal husbandry on scientific
lines.
c) The right to carry on any occupation, Trade or business is subject to reasonable
restrictions. Banning cow- slaughter is such a restriction to better animal
husbandry production and it is within the power of the State.
Only States (Nations) can be parties to a dispute before the International Court of Justice.
Facts:
3. A, an Indian has property worth ₹100 crores in Iran, which the Government of Iran has
nationalised. A, filed a case in the highest Court of Iran to recover his property, but did not
get decree in his favour. A, now wants to file a suit in the International Court of Justice. Both
India and Iran have accepted the compulsory jurisdiction of the International Court of Justice.
Decision:
a) A can file a suit against Iran in the International Court of Justice as he is an Indian.
b) A,can file a suit against Iran in the International Court of Justice only if Iran allows him to
file.
c) A cannot file a suit against Iran in the International Court of Justice.
d) A can file a suit against Iran in the International Court of Justice on behalf of India.
No person shall be prosecuted for the same offence twice.
4. Kamiah, a student leader in the Faculty of Law, ABC University, Delhi assaulted a teacher
injuring him seriously. Kamiah was arrested by police and prosecuted for the offence of
causing grevious hurt. Subsequently, the Dean, Faculty of law rusticated Kamiah from the
Faculty of law for 5 years. Kamiah challenges the rustication.
Decision:
a) Kamiah will succeed as he wa prosecuted and punished for the same offence twice.
b) Kamiah cannot succeed, as he ought to have known that he can be rusticated as well
as punished for the assault.
c) Kamiah cannot succeed, as rustication from Faculty of Law does not amount to
punishment.
d) None of the above.
Nothing is an offence, if commited by a child below seven years of age.
5. Adil, aged six years, is a student of class one. He placed his sharpened pencil on the bench
with its pointed end up with his classmate Ajay stood up to answer a question from the
teacher. Ajay gets hurt when he sits on the pencil and Adil and his friends have a good laugh.
Ajay’s Father, on seeing his son injured when he returns home, wants action against Adil.
a) Adil has committed an offence.
b) Adil has not committed any offence.
c) Childish pranks cannot be investigated by the police.
d) The class teacher must be arrested.