Naga fathers showing their genitals in Pashupati cannot be considered obscene: Supreme

According to Sanatan practice and tradition, it is seen that the Naga Babas are sitting naked as a form of devotion, dedication and sadhana towards Lord Pashupatinath. It is said in the Supreme Court's decision.

भाद्र १०, २०८२

कान्तिपुर संवाददाता

Naga fathers showing their genitals in Pashupati cannot be considered obscene: Supreme

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The Supreme Court has explained that mere physical nudity cannot be termed as display of obscenity. A joint bench of Justices Kumar Chudal and Nahkul Subedi, while explaining the writ petition filed demanding control of the activities of Naga Babas who come to Pashupati for Shivratri, has said that the interpretation of nudity and obscenity is relative.

In the writ filed by advocate Yagyamani Neupane, the Supreme Court on 27 August 2081 ruled that the writ should be dismissed . In the Supreme Court's full text, it is explained that the presence of Naga Babas in Pashupati is compatible with Sanatan Dharma and Hindu religious culture.

Nudity and vulgarity are not the same. Nudity is an unclothed physical state. Especially the breast and genitals etc. are not covered as nudity. The expression is . Not all situations of nudity can be considered obscene . Obscenity should be determined based on the context of the expression, the purpose inherent in it, social acceptability and legal system, etc.' There is an interpretation of the Supreme that cannot be considered as a sign. "Artistic pictures of goddesses carved on the walls of ancient temples or nude pictures or statues kept in museums cannot be considered obscene," said the verdict. "In order to be considered obscene, there must be an expression or activity that is contrary to the generally accepted socially accepted norms, indecent and sexually misleading." In Pandurang Vaman Kane's book 'Dharmasastra Ka Itihasa', the practice of Naga sadhus is mentioned in the Supreme Court judgment as Vedic tradition. This book of Kane has 5 parts . Also, the Supreme Court has said that the activities of the Naga Babas should be taken as an expression of religious practice. "Naga Sadhus remain unclothed as an integral part of their religious beliefs and traditions and covering their bodies with ash, remaining unclothed and appearing unclothed on special occasions in various religious places such as Shivalayas should be taken as an expression of their identity and religious practice," the judgment said. 

Naga sadhus sitting naked in the Pashupatinath temple complex is not a display of obscenity, the Supreme Court has said. "The purpose of their sitting naked is not to increase the sexual arousal of the pilgrims or to make them addicted to lust or to make their thinking corrupt and characterless, but it is seen that they are sitting naked as a form of devotion, dedication and sadhana to Lord Pashupatinath according to the eternal practice and tradition," the verdict said.

In addition to the explanation of the Supreme Court, the petitioner's claim that the devotees will become sexually confused or characterless due to the activities of the Naga Babas or that there will be sexual violence among devotees such as women and children is not natural and reasonable. "Also, this kind of practice and behavior of Naga Sadhus has been going on since time immemorial and it is considered acceptable from the point of view of religious, social and moral values, it is not considered that Naga Sadhus have performed obscenity in public, against morality and etiquette in religious places," the judgment said. 

On the occasion of Shivratri, demanding to stop Naga Baba's Chartikala performance in Pashupatikshetra  Writ on 28 Jan 2074  was filed . Neupane demanded a ban on such activities during Shivratri as the ``Chartikala'' of Nagababa in Pashupati area and other temples causes sexual violence on women and children and has a psychological effect. But the supreme writ  The decision to be annulled was announced .

During Shivratri, Neupane's demand was to stop this activity as the naked people of Kharani Dale who consumed drugs such as bhang, dhaturo, ganja hashish used to perform obscenities. It was demanded to stop bringing Nagababa from across the border by spending Nepalese money to perform obscenities in the name of religious festivals. But the Supreme Court has said that they can be managed by designating certain areas rather than closing them.

This is the full text

 

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