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The Trial of Ismat Chugtai’s ‘Lihaaf’: A Case of Obscenity, Censorship, and Transgression

Bhawna Bisht
By Bhawna Bisht
202
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source: cdn.pixabay.com

Ismat Chugtai is known for her revolutionary and feminist writings; a case in point being her short story ‘Lihaaf’, published in 1942 in the Urdu magazine ‘‘Adab-e-Latif’, and charged as being obscene. The trial that ensued is considered significant for raising questions on issues of law, gender-based censorship, and obscenity. The story, which was about a lesbian relationship was the first of its kind in modern India and thus created a public controversy which sparked a larger debate over the right to freedom of speech and expression, a right brutally suppressed in British India.

Let me first begin with who Ismat Chugtai was and how she created a sensation in the literary world as a woman in pre-independence India. 

Ismat Chugtai was born on August 21, 1911, in Badaun, Uttar Pradesh, and began her work as an Urdu writer, penning her early works in the 1930s. From her childhood days, she was fierce; In a 1983 interview, she opined: “I do not think men and women are two different kinds of beings. Even as a child, I always insisted on doing everything that my brothers did.” Being an intransigent and courageous revolutionary feminist, through her characters, who mostly belonged to the middle-class, and stories she portrayed how begums, prostitutes, young maidservants, etc. were living under the shadow of patriarchy and misogyny.  

She brought into light a variety of issues being faced by women; for instance, in her short story ‘Gainda’,  the protagonist name Gainda faced discrimination and domestic violence because she was a widow. This highlighted the condition of widows in our society and how we constrain and compel them to denounce normal human life.

While she was writing about what was happening in society and how women were treated, she also wrote about women’s pleasure and desires which were unseen. She dared to portray the female sexual relationship vividly, something that was untouched in the history of Urdu fiction. The fact that she was a woman herself was considered even more unacceptable by the patriarchal society. Furthermore, by observing her surroundings and writing about what she saw, she also managed to educate people about otherwise unspoken happenings. She highlighted real feminine emotions which were often misunderstood and misrepresented. 

Chugtai was critical of the patriarchal society which restrained women to the domestic sphere and thus encouraged women to fight for their rights and equal status in society. She was also overtly aware of the desires, loneliness, and wantings of women in a male-dominated society. 

Apart from short stories, she also wrote plays with her husband, Shahid Latif. They both worked on “Ziddi”, a 1949 Hindi film directed by Shaheed Latif and based on a story written by Chugtai, which launched the career of Dev Anand as the lead hero. 

She also worked with contemporary writers like Sadat Hasan Manto, Krishna Chander, and many more. Manto talked about Chugtai as a stubborn woman with her own mind: 

“Stubbornness is part of her nature. She has a natural disposition to resent what is accepted as the norm in society. This trait followed into her personal life—her resentment towards marriage, her resistance to fall into the conventional role of a traditional wife, and then her aversion to motherhood. But once she did become a mother, Ismat had no qualms intending to her sick child with ferocious maternal love and sewing frocks for her with the same precision with which she would pen down her stories, perhaps even more carefully than she would wield her pen’’.

An Excerpt from Kaghazi Hai Pairahan (The “Lihaf” Trial)

After a great deal of searching, a gentleman said, “The sentence ‘she was collecting ‘ashiqs ’ (lovers) is obscene.” 

“Which word is obscene,” the lawyer asked. “‘Collecting,’ or ‘‘ashiqs’?” 

“The word ‘‘ashiqs,’” the witness replied, somewhat hesitantly.

 “My Lord, the word ‘‘ashiqs’ has been used by the greatest poets and has also been used in na‘ts. This word has been given a sacred place by the devout.” 

“But it is highly improper for girls to collect ‘‘ashiqs,’” the witness proclaimed.

“Why?” 

“Because … because … this is improper for respectable girls.” 

“But not improper for girls who are not respectable?” 

“Uh … uh … no.” 

“My client has mentioned girls who are perhaps not respectable. And as you say, sir, non-respectable girls may collect ‘ashiqs.” 

“Yes. It’s not obscene to mention them, but for an educated woman from a respectable family to write about these girls merits condemnation!” The witness thundered. 

“So go right ahead and condemn as much as you like, but does it merit legal action?”                

Chugtai’s above description of the court proceeding offers a complicated understanding of gender-based censorship and expectations about women’s roles and their behavior, and how they differentiate women on respectable and non-respectable acts.

‘Lihaaf’, by invoking such conversations, took the readers on a journey that had not been traversed before and further lifted the veil off of the forbidden desires of women, dealing particularly with Muslim households. 

The politics of the obscenity law in Indian art and literature                            

 In 1857, the Obscene Publications Act 1857 was passed by the British parliament, and three years later the IPC came into effect in British India. The 292 of penal code defines obscenity – “ it must be lascivious or prurient or have the effect of depraving or corrupting someone. The terms ‘lascivious’, ‘prurient’, ‘deprave’ and ‘corrupt’ have not been clearly defined, leaving room for interpretation by courts.”In 1857 Vernacular Press Act or “Gagging Act” was passed by Lord Lytton with aimed at limiting and controlling the content of Indian publications by making sure nothing was written against the British authority, and also compelled Indians to apply for the license – a mandatory license for running or owning a printing press. It empowers the govt. to administer publication and any circulation of the newspaper. However, the act was abolished in June 1858. Furthermore, during the colonial period, a lot of books were charged under the obscenity law and faced a court and public trial, which were often gender-biased. 

While the British passed several acts to restrain the voices of Indians, it seems that not much has changed over these years. We still live in a society where something that doesn’t align with the government ideology would probably be charged with sedition or obscenity. The same happened when Chugtai published the Lihaaf and the crown charged her for obscenity. The charges against Chugtai were taken up in 1944 and eventually repealed by the Lahore court. Women like Ismat Chugtai, Krishna Sobti, Mahashweta Devi, and others grab the pen to write about the changes emerging in society and thus shift the dynamics of literature.

Bhawna Bisht
+ posts

Bhawna Bisht, a history student intrigued by the events of the past and keen on exploring various aspects of history. An avid collector of antiques and a teacher to underprivileged children.

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