Photographing nudes as hobby


hi,

   I am a art photographer. I shoot all kinds of photos like nature, wildlife, human interest & fine art nudes.

I just want to know is it fine to shoot nudes in india

Is it allowed to shoot nudes in nature in india.

Can we shoot fine art nude photos in old monuments like kajuraho, hampi, himalayas, old forts in rajastan or some rocky hills outside the city areas.

Assuming that the nude model has given permission to shoot & publish on the web can we shoot nudes in india?

Kindly advice.

 
Reply   
 

Its not allowed in india n further promoting such projects crime as per various laws. If yu will need we will provide law reference.
 
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Corporate Lawyer

Publication of nude pictures or any content containing nudity is a punishable offence. Even if the person has given the consent to publish on web, but then it cant be said to be an art. It will be considered as p*rnography and in India p*rnography is a criminal offence. For more advise write to me at mittaljets@gmail.com.

 
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respected sir,

      regarding your reply in lawyers club.......i have few questions.
 
i have seen few indian movies which are having nude content like kamasutra which is the latest movie where sherlyn chopra has acted. it was shot in india & also in some old palaces. how was this possible then? 
 
Can i shoot nude pictures in other countries & participate in photography competetions in india???is that a crime again.....in all photography clubs in india accept nude photographs in photo contest...how is this possibe?
 
there are so many foreigners who come to india & shoot nudes near monuments....................if you google, you can find many photos.......may be they dont publish on the net....but they submit those photos to many photography clubs in india & they have won many awards.......our own county famous photographer mr.rajanbabu from vishakaptinam A.P.....won FRPS ( fellowship from royal photographic society - U.K ) by submitting all 15 nude photos of a women which was shot in the beach & monuments....how is this possible.....please let me know.
 
Kindly advice
 
Reply   
 
Corporate Lawyer

Hi Mahesh

On the first instance, it is a crime and punishable offence under Section 292 of IPC. You cannot take the view that if some person has engaged in such activities and has not been punished or convicted, then you may also follow that. But, your defence can be the exception to the said section which says that any publication made for the purpose of education, science, literature or art may not considered to be obscene. There are numerous cases which came before the courts to decide and it is the complete view of the court to decide whether your case included the exception or not. If you are served summon to appear, then the burden will lie on you that you were performing an act of art and hence it is not obscene. There is a case of MF Hussain also, where he was served the summons for paintings, but court took the view that his paintings were the objects of art and hence cannot be considered to be obscene and summons were quashed.

Write to me at mittaljets@gmail.com

 
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Sir,

Please keep away from such habit as it is punishable offence under IPC.

 
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So taking photos as art nude is not a crime in India is what i understood when I discussed with many lawyers and media people in India .here are some people who have shot nudes in hampi ... http://www.florap.com/sources/mobile2/#portfolios/38/0
 
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http://www.eventshigh.com/detail/mumbai/ffbff1b69929025a040dc796893e3be3-art-mystic-presents-the-divinity is one more institution which organises workshop....
 
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http://www.newz66.com/vikram-bawas-stunning-images-for-yogesh-jasnani-art-nude-calendar/ more example for art nude
 
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Legislations —

The publication, sale or transfer of obscene or p*rnographic material is prohibited and punishable under various Acts.

Indian Penal Code:—

Under sub-section (1) of section 292 of I.P.C, book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object shall be deemed to obscene, if it is lascivious or appeals to the prurient interest or if its effects are such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. The application of this section does not extend to any book, pamphlet, paper writing, drawing, painting, representation or figure the publication of which can be proved to be justified on the ground of public good that is in the interest of science, literature, art or learning or other objects of general concern. The object which is kept or used bona fide for religious purpose and any representation sculptured, engraved, painted or otherwise represented on or in any ancient monument within the meaning of Ancient Monument and archeological sites and remains Act or any temple or car used for conveyance of idol or kept or use for religious purposes are also outside the purview of this provision.

 
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