'Bharat Mata' a work of art: SC 8 Sep 2008, 0012 hrs IST,TNN NEW DELHI: In a blow against the moral brigade, the apex court on Monday termed M F Husain's painting 'Bharat Mata' a "work of art", paving the way for the eminent 92-year-old painter to end his self-imposed exile in Dubai and London and return to his home in Mumbai.
The court refused to entertain a petition seeking initiation of proceedings against the artist for hurting the sentiments of Indians. The painting has been the focus of protest of right-wing individuals and groups in different parts of the country. The petitioner, who was slammed by the Delhi High Court in its May judgment, took a chance before a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal terming the painting as a blatant attempt to scandalize every Indian. The argument that the painting, which depicted a nude woman as Mother India, had hurt the sentiments of every sane citizen did not impress the Bench. It asked: "Does the sentiment of the petitioner get scandalized by the large number of photographs of erotic sculptures which are in circulation?" The irony lost on him, the petitioner tried to explain — it is not a sculpture but a painting and it should not be viewed leniently just because the painter is renowned and old. The Bench countered: "It is an art like the sculptures. None gets scandalized looking at the sculptures." SC brought to a conclusive end the numerous cases against M F Husain, who in May this year got a balming judgment from the High Court which said that the renowned painter "deserves to be in his home, painting his canvases". The courts had been sympathetic earlier, in December 2006, when they clubbed all five cases (two in Madhya Pradesh and one each in Maharashtra and Delhi) and transferred them to Patiala House in Delhi to spare the elderly artist from having to travel through the country to attend the hearings. "It is very unfortunate that the works of any artist today who have tried to play around with nudity have come under scrutiny. They have to face the music, making them think twice before exhibiting their work. Criminal justice system should not be used as an easy recourse to ventilate against a creative art," Justice Sanjay Kishan Kaul of the HC had said. The case in hand relates to a 2004 oil-on-canvas painting of a nude woman whose shape mimics the contours of the map of India, with the names of Indian cities written over her body. Husain, who fled the country two years ago fearing attacks from right-wing activists - they have vandalised his art shows in Delhi, London and Ahmedabad - had explained earlier before the apex court that he had already apologised on behalf of the auctioneer for naming the painting 'Bharat Mata', something he had not chosen. He had said when he sold the work to a private collector, it was untitled. A year-and-a-half later in 2006, the painting was advertised as part of an online auction to raise money for victims of the Kashmir earthquake. On the website, the painting was entitled 'Bharat Mata', Husain said distancing himself from the controversial title that so invited the wrath of right-wing organisations like VHP and RSS
