نئی دہلی:کیرل ہائی کورٹ نے ایک میگزین کے پہلے صفحہ پر ایک ماڈل کی ایک بچے کو دودھ پلاتی تصویر شائع کرنے کے خلاف ملیالم میگزین پر کارروائی کی مانگ کرنے والی عرضی کو خارج کرتے ہوئے کہا ہے کہ کچھ لوگوں کیلئے فحش چیز دوسرے کیلئے فن (آرٹ)ہوسکتی ہے۔عدالت نے کہا کہ ایک شخص کیلئے جو چیزفحش ہو وہی چیز دوسرے کی نظر میں خوبصورت کی مثال  ہوسکتی ہے۔ چیف جسٹس انٹونی ڈومنک اور داما شوشادری نائیڈو کی بنچ نے اپنے فرمان میں کہا کہ ہمیں تصویر میں کہیں بھی فحاشیت نظر نہیں آرہی ہے۔نا ہی اس کے کیپشن میں کچھ متنازعہ بات لکھی گئی ہے۔ہم تصویر کو انہیں نظروں سے دیکھ رہے ہیں جن نظروں سے ہم راجا روی ورما جیسے فنکاروں کی پینٹنگ کو دیکھتے ہیں ۔بنچ نے کہا کہ چونکہ خوبصورتی دیکھنے والے کی نظر میں ہوتی ہے،اسی طرح فحاشیت بھی ممکنہ طور پر دیکھنے والے کی نظر میں ہی ہوتی ہے۔اس لئے اس میں نظر کا قصور ہے نہ کہ میگزین پر تصویر شائع کرنے والے کا ۔ حالانکہ عدالت کا یہ فرمان مارچ میں ہی آگیا تھا لیکن اسے لوگوں کے درمیان اب پیش کیا گیا ہے۔جبکہ چیف جسٹس ڈومونک اب ریٹائر ہوچکے ہیں ۔عرضی میں فیلکس ایم اے نے کہا تھا کہ میگزین کا کور پیج کی تصویر فحاشیت کو بڑھاوا دے رہی ہے اور یہ آئین کی خلاف ورزی بھی کر رہی ہے۔

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