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In the historical use of the Hicklin test to assess obscenity in India, which ground under Article…

The Hicklin test was historically used to assess obscenity, which concerns decency or morality under Article 19(2). In Aveek Sarkar v. State of West Bengal (2014), the…

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In the historical use of the Hicklin test to assess obscenity in India, which ground under Article 19(2) of the Constitution was relevant?

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Answer and explanation

Correct answer A

The Hicklin test was historically used to assess obscenity, which concerns decency or morality under Article 19(2). In Aveek Sarkar v. State of West Bengal (2014), the Supreme Court adopted a contemporary community-standards approach.

Option feedback

Option A

The Hicklin test was historically used to assess obscenity, which is associated with the ground of decency or morality.

Option B

Defamation is a separate Article 19(2) ground and does not use the Hicklin obscenity test.

Option C

Sovereignty and integrity of India is a separate Article 19(2) ground unrelated to that obscenity test.

Option D

The relevant ground is decency or morality.

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