Supreme Court clears Indian artist
But M.F. Husain still faces pending cases over his painting Mother India
Last Updated: Tuesday, September 9, 2008 | 12:22 PM ET
CBC News
M.F. Husain, India's most famous artist, has been living in exile in the Middle East because of threats by Hindu hardliners over his paintings. (Lefteris Pitarakis/Associated Press) India's Supreme Court has blocked criminal proceedings against one of the country's best-known artists that centred on his painting of a nude goddess.
M.F. Husain, who now lives in exile, has been charged with obscenity in dozens of Indian states over his painting Mother India of a nude goddess in the shape of a map of India.
Hindu hardliners say his work was an insult to their faith and to India.
The Supreme Court rejected the case Monday, upholding a lower court ruling that dropped five sets of charges against Husain.
His paintings are not obscene, the Supreme Court justices said, adding that India has a tradition of graphic sexual iconography.
"Does the sentiment of the petitioner get scandalized by the large number of photographs of erotic sculptures which are in circulation?" the judges asked. "It is an art like the sculptures. None get scandalized looking at the sculptures."
Husain, speaking from the Middle East where he now lives, welcomed the judgment.
"At last they have understood the dignity of Indian contemporary art," he was quoted as saying by the Times of India newspaper.
"This is not a victory for me only, but one for the Indian contemporary art movement."
Indian artists who have supported Husain welcomed the decision but said it should have come earlier.
Husain turns 93 later this month and his admirers are eager to have him return to his homeland.
Husain also said he was looking forward to returning home. A Muslim, he moved to the Middle East in 2006 after receiving threats from Hindu groups.
However, there is still uncertainty around his situation. Husain has had thousands of legal claims pressed against him that are still working their way through India's court system.
There is also the danger that Hindu groups will keep hounding him, said one owner of a gallery where an exhibit of Husain's work was vandalized last month.
A charity auction of his work to be held earlier this year was halted because of protests from Hindu hardliners.
Artists and rights groups want changes to Indian law to preserve freedom of expression.
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