HC upholds complaint against artist for painting wife in nude

Mumbai: Observing that painting nude images prima facie amounted to an offence, the Bombay High Court has refused to quash a criminal complaint against an artist who painted nude and derogatory pictures of his estranged wife in his bedroom.

The couple, who got married in 1998 and jointly owned a flat, were staying in separate rooms in Mittal Ocean View on Juhu Tara Road in suburban Santacruz as they were fighting a divorce case in a family court. The wife had alleged offences against her artist husband Chintan Upadhyay under Indecent Representation of Women (Prohibition) Act for painting her in the buff.

Acting on her complaint, the Bandra Magistrate had issued process on January 8 against Upadhyay, who challenged the order in the high court. The high court did not agree with Upadhyay that the complaint disclosed no offence punishable under the provisions of Indian Penal Code or Indecent Representation of Women's Act or that the continuation of proceedings in pursuance thereof is an abuse of the process of law.

"Once the complaint discloses offence, then it can not be thrown out at the threshold as prayed by the petitioner and particularly on the ground of his absolute right of freedom of speech and expression," observed Justice SC Dharmadhikari. It (the complaint) can not be thrown out on the ground that the work is confined and restricted in private area or private room as well, the Judge further said.

"Once, the areas in the flat or the rooms are not demarcated, the flat is not divided, the petitioner ordinarily resides at Delhi but he and (his) wife are only occupying different rooms, then, it can not be held that the petitioner exercised his right to paint in his own bedroom in furtherance of his right to privacy and life and liberty guaranteed by the Constitution," Justice Dharmadhikari observed.

The allegations clearly point out that the room which is not frequently used and occupied by the petitioner is open to servants and driver and the paintings can be seen by them as also the wife. Hence, it would not be proper to quash the complaint, the judge noted while dismissing the petition.