THE NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

project

on

Sadat Hasan Manto as a writer of realist fiction, with particular reference to the theme
of obscenity, for which he was tried in a court of law

submitted by

Masad Khan
A-2331
2021BALLB34
I Semester
B.A. LL.B. (Hons.)

submitted to

Prof. (Dr.) Mukesh Srivastava

15/11/2021
 deClaraTioN

I, Masad Khan S/o Mr. Nadeem Ahmad Roll Number 2021BALLB34 Enrollment
Number A-2331 do hereby declare that the Project titled “Sadat Hasan Manto as a
writer of realist fiction, with particular reference to the theme of obscenity, for which
he was tried in a court of law” is an outcome of my own independent research
endeavor and has been carried out under the guidance of Prof. (Dr.) Mukesh
Srivastava. Literature relied on by me for the purpose of this Project has been fully
and completely acknowledged in the footnotes and bibliography. The Project is not
plagiarized and all reasonable steps have been taken to avoid plagiarism. Similarity
Index as per the Turnitin Report is %. In case, my project is found to be
plagiarized, the course teacher shall have the full liberty to ask me to revise the
Project. If I fail to comply with the instructions of the teacher, my project may be
referred to the Committee Against Use of Unfair Means and I will comply with the
decision of the said Committee.

Date: 15/11/2021 Name and Signature of the

Student: Masad Khan

Roll No.: 2021BALLB34

Enrollment No.: A-2331

 Table of Contents
I. ABSTRACT............................................................................................................. 1
II. INTRODUCTION ................................................................................................... 1
III. LITERATURE REVIEW ........................................................................................ 1
IV. STATEMENT OF PROBLEM ................................................................................ 2
V. HYPOTHESIS ......................................................................................................... 2
VI. METHODOLOGY .................................................................................................. 2
VII. RESEARCH QUESTIONS ..................................................................................... 3
VIII. OBJECTIVES OF STUDY...................................................................................... 3
IX. THE PROFILE......................................................................................................... 3
X. MANTO A REALISITC FICTIONIST ................................................................... 5
XI. ALLEGATIONS OF OBSCENITY ........................................................................ 6
XII. THE INFAMOUS TRIAL OF THANDA GOSHT................................................... 8
i. TRIAL BY MAGISTRATE FIRST CLASS ..................................... 9
ii. TRIAL BY SESSION COURT ....................................................... 10
iii. TRIAL BY LAHORE HIGH COURT ............................................ 11
XIII. CONCLUSION AND SUGGESTIONS ................................................................ 13
XIV. BIBLIOGRAPHY .................................................................................................. 14
 ABSTRACT

Sadat Hasan Manto was an acclaimed Urdu writer of the twentieth century who wrote
extensively about partition, violence, prostitutes, desires, societal norms, and values. His
writings are endowed with intact realism and bare usage of words. He used to challenge existing
societal norms by highlighting their fallacies through his witty and realistic writing. People
who were neglected by the main stream of society used to be the protagonists of his stories.
For his rebellious nature, he was brought before the court many times, especially on the
allegations of obscenity. It was alleged that with his carnal and immoral writings, he was
corrupting the minds and morals of society. With his cogent and compelling arguments, he
rebutted those allegations but was convicted in some cases. With the help of his writings and
other relevant records, an attempt has been made to explore the realism in his stories and
examine his obscenity trials.

INTRODUCTION

The researcher has researched on the topic ‘Sadat Hasan Manto as a writer of realist fiction,
with particular reference to the theme of obscenity, for which he was tried in a court of law’.
In this project, he has explored realism in Manto’s writings and how he perceived society and
norms of his times. Parts of Manto’s stories are highlighted wherever deemed necessary
explaining his viewpoint. Specific reference has been made to the allegations of obscenity and
various trials. The infamous trial of “Thanda Gosht” has been discussed at length offering
various positions of judges and intellects of those times. The researcher has tried to put forth a
statement of the problem and resolve it by substantive discussion and analysis.

LITERATURE REVIEW

• Manto, Sadat Hasan, 1995, Zehmat-e-Meher-e-Darakhshan (Torment of the

Blazing Sun): This essay was written by Manto himself, in which he records his
sufferings during the trials. As suggested by the title, he attributes his trials to a blazing
sun under which he is restless and debilitated. In this essay, he has written at length
about the complex rigidity of the legal system and its functionaries. He has also written
about the poor and corrupt state of legal affairs of those times. The researcher has relied

1
 upon this essay to present Manto's arguments rebutting the allegations of obscenity and
the findings of the judges.
• Manto, Sadat Hasan, 1983, Lazzat-e-Sang (The Taste of Stones): In this essay, too,
Manto has recorded his tribulations during the trials. Notably, he has written about the
trials he faced for "Thanda Gosht," "Boo" and "Kali Shalwar." With his characteristic
wit and practical language, he has elucidated why his stories does not qualify as
immoral and obscene. He has also sharply criticized the reasoning of those, including
judges, who marked his stories as obscene. The researcher, from this source, has
narrated the infamous “Thanda Gosht” trial at length putting forward Manto’s and
judges’ contradicting viewpoints.
• Manto, Sadat Hasan, 1995, Manto Nama: This book is a collection of short stories,
essays and letters of Manto. In this book, the researcher has referred to many stories
like “Thanda Gosht”, “Kali Shalwar”, “Dhuan”, “Boo” etc. He has used the characters
and plots of these stories in this project to highlight the realism in the writings of Manto.

STATEMENT OF PROBLEM

Manto’s writings depict obscenity and immorality; they corrupt the minds of readers with
explicit narration of sexual and heinous acts and the usage of vulgar or swear words.

HYPOTHESIS

Manto’s writings do not have obscenity; they have sheer realism, which his critics term as
immoral. His portrayal of events and the usage of particular words is necessary to depict the
realities of society.

METHODOLOGY

The researcher has used doctrinal method of research to research for his project.

2
 RESEARCH QUESTIONS

a) Why Manto was tried several times for his writings?

b) Why his writings were not obscene or immoral?
c) Why were his portrayal of events and the usage of particular words necessary for the
sake of realism?

OBJECTIVES OF STUDY

a) To explore realism in writings of Manto.

b) To research on allegations of obscenity in Manto’s writings.
c) To examine various trials faced by Manto for his writings.

THE PROFILE

Saadat Hassan Manto was born on May 11, 1912, to a Kashmiri family in Sambarala,
Ludhiana.1 He was born to the second wife of his father, Maulvi Ghulam Hasan, who was a
Sessions Judge in the government of Punjab’s Justice Department. His mother, Sardar Begum,
was from outside the Manto clan which was the cause for the neglect of Manto and his sister.
His stepbrothers got education in law and engineering courses from top colleges of India and
England, but when it was time for Manto’s education his father had retired and had nothing
much to spend on him. He passed in matriculation with third division in his third attempt, after
failing twice. After his matriculation, he briefly went to Aligarh Muslim University but was
expelled from there. He never had a good experience with formal education.
Historian Ayesha Jalal, grandniece of Manto, has written about the cause of his rebellious
nature: “Manto was fiercely individualistic and self-confident. If these traits can be credited to
the indulgence of a doting mother and sister, the steely discipline of an authoritarian father
served as a catalyst for Saadat’s rebellious nature.” According to Manto, his predisposition for
storytelling was simply a result of the tensions of a harsh father and a gentle-hearted mother.

1
'Saadat Hasan Manto - Profile & Biography | Rekhta' (Rekhta, 2021) <https://www.rekhta.org/authors/saadat-
hasan-manto/profile> accessed 4 November 2021

3
From a very young age, he was addicted to alcohol which eventually became the cause of his
early death. One day in a tavern he met Aleg Bari, the editor of the magazine ‘Musawaat’, who
recognized Manto’s talent and intelligence. He introduced Manto to the wonders of Oscar
Wilde and Victor Huge. Manto translated Victor Hugo’s work “The Last Days of a
Condemned” under the name “Sarguzisht-e-Asir” at Mr. Bari’s request in ten to fifteen days.
Bari Sahib was so taken with it that he later edited it, and Manto became an author for the first
time. Later, Bari Sahib get associated with “Khalq” and in its first issue, Manto’s first story
“Tamasha” was published. In 1935, Manto moved to Bombay and his first job was in the
weekly magazine “Paras”. He took over as editor of Nazir Ludhianvi’s weekly magazine
“Musawwir”. He acquired a job at Cine Tone for hundred rupees a month after working for a
few days at Film Companies, Imperial and Saroj. He later married a Kashmiri girl named Safia
at the insistence of his mother.

Manto published 270 novels, over 100 plays, numerous cinema tales and dialogues, and myriad
sketches of famous and anonymous people over his nearly 20-year literary career. 2 His famous
writings are “Thanda Ghost”, “Boo”, “Kali Shalwar”, “Khol Do”, “Dhuan”. “Toba Tek Singh”,
Manto’s best-known narrative, was written in 1954 after he spent time in a psychiatric institute
in Lahore for his alcoholism. Interestingly, his works and writings were more cherished and
acclaimed after his death than in his lifetime. Manto was awarded ‘Nishan-e-Imtiaz’, Pakistan’s
highest civilian award, by the Pakistani government on the occasion of his centennial birth
anniversary.

By virtue of his rebellious nature, Manto spent most of his life in loneliness and neglect. He
had severed ties with his family and relatives due to his supposed misdemeanours. He was
feeble emotionally, physically and financially but not in his writings. He always sought instant
gratification. If it was delayed, he no longer wanted it. These unfulfilled desires left a bitterness
in his mouth, whose effects critics detected in most of Manto’s writings. He realised that his
need for alcohol was symptomatic of spiritual and mental weaknesses, but he lacked inner
strength and peace of mind to delve into their causes.’3 In the evening of 27 January 1955, he
took his last breath while whiskey pouring out of his mouth.

2
Ibid
3
Khaled Ahmed, 'Saadat Hasan Manto - The Literary Renegade | Khaled Ahmed - South Asia Citizens Web'
(Sacw.net, 2013)

4
 MANTO—A REALISITC FICTIONIST

Manto is regarded as one of the finest realistic fictionists not only in South Asia, but in the
entire world. He mesmerizes his readers with his extraordinary craft of exposing realities of his
time layer by layer. More often than not, his subjects included real people with real problems
who are miserable victims of greed, need or vanity. People who were abandoned by society
used to be protagonist in his stories. Regardless of whether he is writing about pimps,
prostitutes, criminals or gamblers, he depicts even the most heinous aspects of their existence
without any modifications. He is intensely aware of their flaws, ruthlessly realistic in his
approach and decisively objective in his narrations, as if he were an architect who builds each
character with honesty and detachment. In Ten Rupees, the teenage brothel Sarita is blissfully
ignorant of her predicament because her dealings with her clients serve as opportunities for her
to ride in their flashy vehicles. Ishar Singh, in Thanda Gosht, was also a normal human being
until his greed and lust compelled him to murder half a dozen people and indulge in necrophilia.

Manto's narrations and inimitable style are unique and unrivalled – both in terms of perspective
and description – among the great writers of fiction's examinations of the law, authority, and
control phenomena. This is something that straightforward explanatory writing or even robust
scholarly studies fall short of, particularly when it comes to expressing oppression and despair
— the human components of rule-following. He never searched for idealistic principles but
looked for purity in filth. Calling a spade, a spade without any fear or favour was his ability
which distinguishes him from his contemporaries. His unmoored and despondent existence
continues to reverberate in words, phrases, and stories that continue to startle, disturb, sadden,
and boldly confront conventional and convenient ideas of things.

With fluid spontaneity and unshakeable honesty, he studied, probed and truthfully described
complicated and troubling social phenomenon of a severely divided society. In Khol Do, Manto
assertively addresses Sakina’s articulation of silence, the open spaces that are purposefully left
empty for the readers to fill in. Furthermore, the story depicts ambiguous associations and hazy
divisions between the concepts of “we” and “them”. The perpetrators of violence in it are
neither Indians or Pakistanis, Hindus or Muslims; they are normal human beings in their raw,
blazing barbarity. Insecurity, horror, passion, sadness and treachery are recurring themes in his
works.

5
And what really distinguishes Manto is his blatant contempt for classical Urdu literature's lofty
romantic and aesthetic themes. Manto, on the other hand, took up and mastered realistic
depictions of life in all its ugliness, pettiness, and meanness. The individuals he deems worthy
of attention are the bystanders in life's byways; the peripheral, the overlooked, and the
ostracised; and even the openly disliked and frowned upon.

Manto is often inspired by mankind's absolute baseness, but only after a thorough excavation
of any residual signals and hopes for humanity — his own humanity pushes him to seek for
charm where others only see hideousness, and to excavate virtue and kindness where all but a
few only see evil. He often contrasts and evaluates his characters against what society deems
acceptable and good, exposing the deception and underlying rot that respectable society
frequently suffers from but successfully conceals. Then there are the multi-tiered sexual
tensions between the sexes, which are exacerbated by social taboos, popular preconceptions,
entrenched dogmas, and adamant opposition to any open discussion of the subject, even if
voyeurism is the cultural norm. Manto fights courageously for his right to express himself as a
creative writer and to choose his own subjects, even sexual ones.

Manto’s ferociously independent and diversified opinions of overt and covert exploitations
irked many; he regularly reveals the gloomy and melancholy aspects of the human existence.
According to him, his writings are like mirror only reflecting the realities of society and
subjects without any alteration, ‘He discovers a beast in humans and humanity in best to carve
a theme. The established concept of realism is based on logic but not before Manto. The reason
behind his rebellious attitude against consciousness and strong bond with unconsciousness is
the dream of a new world. Manto has seen life in its contrast instead of its ideal condition.’ 4

ALLEGATIONS OF OBSCENITY

Among many allegations and accusations heralded upon Manto, the most prominent was of
writing obscene stories for which he was tried six times in the court of law—three times in
British India and three times in Pakistan. The applicable law in question was obscenity law
stipulated in Section 292 of the India Penal Code of 1860 which did not define obscenity, but
attempted to prohibit everything having to do with obscene writings and objects, with only a

4
Moid Rasheedi, 'Manto: Real or Virtual?' (JSTOR, 2015) <http://www.jstor.org/stable/44479446> accessed 4
November 2021

6
narrow exception to appease religious sensitivities – thus pragmatically taking into account
situations where Indian notions of the sacred and European notions of the obscene collided.
The various Manto trials are fascinating because of the seamless continuity of applicable laws
and procedures, as well as the continuation of the various contestations, contradictions, and
paradoxes that underpin the court battles, between the worlds of formal law and the realm of
literary expression. As they both attempt to grasp and interpret the complexity of society,
freedom, morality, ethics, and art, and therefore what should be published and permitted to be
read, a heated war for turf is clearly on show. Manto has written extensively about his trials
and recorded his experiences and arguments rebutting claims of violating the law of the land
in his essays. His written accounts of his ordeals are frequently witty, but they are also stoic,
angry, inquisitive, concerned, and at times both enraged and genuinely tormented.

Manto adamantly maintained throughout his trials that what he wrote was not vulgar and that
he was only describing what he saw. As a result, the issue was not with what he wrote, but with
those who found it obscene. He rebutted the allegations of obscenity by remarking,

God alone knows why the prosecution describes a short story as obscene when it is not
even remotely so – if I want to mention a woman’s breasts then I will call them a
woman’s breasts – a woman’s breasts can’t be called peanuts, or a table or a shaving
razor – though it has to be said that for some people the very existence of women is an
obscenity, but what to do of that …5
When his legal critics claimed that his choice of writing on a sexual topic was naturally driven
to instil immoral inclinations in people, Manto used an analogy to argue that no theme was
inherently or inevitably obscene, but only if the artist wanted it to be obscene:

An art gallery displayed many nude portraits of women. None of them – as is to be

expected – corrupted anyone’s morals, nor did they arouse lust. However, one particular
painting of an otherwise fully clothed woman with only one part of her body
provocatively left uncovered, was deemed to be obscene. Why so? Because of the artist’s
less than noble intent – he had knowingly shown the woman’s dress to be awry in such
a manner that it provoked and invited the viewer’s imagination to envision the woman
as nude, even when she wasn’t. To find obscenity in writing, in speech, in poetry and in
sculpture, one has to first uncover the underlying intent. If there is even an iota of an
enticement to obscenity then the writing, speech, the verse and the sculpture are utterly

5
Sadat Hasan Manto, Lazzat-E-Sang (1st edn, Saqi Book Depot 1983)

7
 obscene.6
Manto used to wonder how a story of a remorseful rioter and rapist (Thanda Gosht7); a study
of teenage carnal awakening (Dhuan8); a glimpse of stable upper middleclass matrimony's
clinical staidness (Upar, Neechey aur Darmiyan9); a drawing of a courtesan looking for new
black clothing in order to honor a holy day in the proper manner (Kali Shalwar10); and a story
about a newly married man's longing for former sexual liaisons (Boo11); could generate
obscenity in the minds of people, whereas they depict raw forms of our society. He argued that
perhaps the problem is not in his stories but in the minds of those readers who find it obscene.
In his own words:
… Only an unhealthy body, a diseased mind can harbor such an impression. However,
it is for those who are spiritually, mentally and physically healthy that a poet writes
poetry, a short story writer pens stories and a painter paints. My stories are for the hale
and hearty – people who consider a woman’s breasts to be a woman’s breasts and
nothing more – who do not look upon a man and a woman’s relationship with
astonishment – who do not swallow a masterpiece in one gulp.12

THE INFAMOUS TRIAL OF THANDA GOSHT

Thanda gosht (Cold Flesh), a short story set up in the background of partition of the Indian
sub-continent and its consequent violence. The story revolves around an ultimately lethal tryst
between Ishar Singh and Kulwant Kaur. Ishar Singh is a seasoned perpetrator of murder and
dacoity in the aftermath of riots in the city and Kulwant Kaur is her debauched mistress. After
looting and murdering in the city, when he went to see her paramour, he had a romantic verbal
and physical foreplay with her. Kulwant Kaur noticed anxiety and lack of libido in her lover.
After trying many times when she was unable to arouse him, she got indignant and asked him
about his strange demeanour. Ishwar Singh was hesitant to her enquiry and ultimately, she
stabbed him in his neck with his dagger. With blood pouring out of his mouth, he narrated the
episode how he killed six men of same family and engaged in necrophilia with a young,

6
Ibid
7
Cold Flesh
8
Smoke
9
Around
10
Trouser
11
Odour
12
Sadat Hasan Manto, Manto Nama (1st edn, Sang-e-Meel 1995) (sic)

8
beautiful, but dead, girl whom he thought to be alive. He expressed his gratitude to Kulwant
Kaur for killing him and died. Ishar Singh thoughts and action have always been animal-like,
but it appears that some last vestige of humanity in him now permits him to feel human and so
fully confront terror as a human being must.

The story admittedly is explicit in its use of sexual metaphors and swear words particularly in
describing the foreplay between the lovers but conceivably pretty realistic. Manto has argued
in his trials and essays that the choice of language, the sequence of events, the narrative style,
and the overt theme were all necessary in order to make the story realistic. He also argued that
some aspects of story were consciously and deliberately sexual, but the underlying intent was
not. Manto further quizzes as to ‘how a depiction of loss of virility due to the acute
psychological shock caused by a macabre recollection could be deemed as sexually
arousing?’13According to Manto, the ‘story contained a subtle message for humans – that even
when they reach the ultimate limits of cruelty, barbarity and animalistic behaviour, they still
don’t completely lose their humanity. Had Ishar Singh completely lost his humanity he would
not have reacted so strongly to the corpse of the young girl so as to lose his virility.’14

TRIAL BY MAGISTRATE FIRST CLASS

Manto was sued for obscenity for his story “Thanda Gosht”. He was accused of writing
obscene stories to corrupt and deprave the minds of general masses and hurt moral sentiments
of Pakistani people. When the trial started, prosecution and defence witnesses largely varied
on ‘established’ Pakistani moral standards and artistic merit of his story. Defense argued that a
realistic portrayal of life could not be considered obscene and in seclusion certain words and
events in the story might be considered as vulgar but in the overall context they are innocuous
and reflects realism.

The Magistrate First Class relied on standards established in Regina v Hicklin15 and remarked
‘the judgment defined as obscene any impugned materials that may inspire any such people

13
Sadat Hasan Manto, Manto Nama (1st edn, Sang-e-Meel 1995)
14
Ibid
15
1868 L R 3 Q B 360

9
who can access such materials and whose minds are vulnerable to such influences, to immoral
and depraved actions.’16 He further elucidated,
… Those things that may be regarded as harmful to a Pakistani’s morality may be
deemed as innocuous to a Frenchman’s morals. Every society has its own moral
standards and those things that define one society’s morals can be considered immoral
by another society’s morals … therefore, whether the short story under discussion is
obscene or not can only be determined against the backdrop of Pakistan’s established
moral standards and also on the basis of the impact that such a writing may have on the
minds of those that constitute this society … furthermore the standard proposed … is
not a complete and comprehensive standard. It is after all, as it says, a standard. There
can be additional standards as well. For instance, these include a tendency (which exists
in the impugned materials) that hurts the moral sensibilities of the readers – this standard
too depends on the moral standards of the readers. 17

TRIAL BY SESSION COURT

The judgement of the Magistrate Court was appealed and the conviction was overturned by
Sessions Court Judge. The Sessions Judge agreed with the Magistrate that moral standards
differ according to society. He believed, however, that the Magistrate had erred in selecting
such a criterion for Pakistan and proclaiming it to be based on the Quran. That may have been
the cultural desire, but it was certainly not the reality, according to the Sessions Judge. He went
on to say that when looking for a society's moral standard, one should look at it in its current
state rather than its goals, thereby emphasising the importance of focusing on the 'is' rather than
the 'ought.' He declared that many of the society’s existing practices are obscener than Manto’s
stories, however, he maintained that he did not approve his story. Sessions Judge viewpoint
was not much dissimilar from Manto’s. To put it another way, Manto's work was no obscener
than the culture he wrote about – it fit the society's low moral standard. This may appear to be
a backhanded praise, but the result was exhilaratingly real, since Manto's appeal was granted.

16
Sadat Hasan Manto, Manto Nama (1st edn, Sang-e-Meel 1995)
17
Ibid

10
TRIAL BY LAHORE HIGH COURT

The Sessions Court’s judgement was appealed to the Lahore High Court by the State. Manto,
who represented himself in the trial and advocated his case, argued vehemently with coherent
and persuasive arguments in his defence. He contended that his set of plots, use of words,
description of events, employment of metaphors, all were imperative to transpire the reality of
our society. He pleaded that his artistic freedom of expression cannot be suppressed by arbitrary
moral standards of society in disguise of obscenity. He argued that certain people would always
see obscenity where it didn’t exist, and that the fault was with their polluted eyes, not with the
artist’s work. He clarified that there was no ill intent to titillate but to reflect on the society of
our times.

Justice Muhammad Munir rebutted all arguments of Manto and remarked in the case of Crown
v. Minto18:
In its outline the story is perfectly innocuous though it is a question whether what is
narrated is a likely sexual phenomenon. It is the details of the story and the words used
by Ishar Singh in his conversation with Kulwant Kaur that are alleged by the prosecution
to be obscene. Some of the expressions used are extremely vulgar while others are crude
metaphors having reference to the performance of the sexual act. The most objectionable
scene, however, is that where on his second visit to Kulwant Kaur, Ishar Singh attempts
to prepare her and himself for the sexual act. The technique of a debauch is described
there in plain terms. The passage is full of references to Kulwant Kaur’s naked body and
describes in full details what he did to her in order to bring her to the pitch of a “boiling
kettle.” These preliminaries are described by a metaphor “phaintna” and the culminating
act by “patta phainkna.” Judged by every standard of decency, this passage is definitely
obscene.19

18
P L D 384 (1952) (Pak)
19
Sadat Hasan Manto, Lazzat-E-Sang (1st edn, Saqi Book Depot 1983)

11
Initially, Judge accepted that moral standards are subjective but eventually ended up saying
that there is a universal standard of morality. He said:
It is true that morality and obscenity are comparative terms and what is obscene or
immoral in one society may be considered to be quite decent and moral in another. But
while considering the question whether certain words or representations are obscene or
not, one has to apply standards that are current in the society in which those words have
been uttered or representations made. In the present state of society in this country or
anywhere else in the civilized world, there can be no doubt that a description of the acts
preparatory to sexual intercourse, however graphic or lifelike that description may be,
would be considered obscene.20

The Judge heavily relied on the Hicklin Test developed by the Courts in England in Regina v,
Hicklin21 and found the impugned story to be in contradiction with that test. He discarded the
argument of artistic realism for employment of particular language and style. In his own words:
It is regrettable that this issue should have been made in the Trial Court the subject of
controversy between men of literature and surprising that there should have existed a
difference of opinion between them in regard to the story in question being obscene.
Whatever conception of art and literature those who considered the publication in
question to be innocuous may have, it becomes necessary to remind them that they are
completely mistaken in their conception of “obscenity” as used in law. Since the case of
Reg v. Hicklin 1868 L R 3 Q B 360, one test of obscenity has always been whether the
tendency of the matter charged is to deprave and corrupt those whose minds are open to
immoral influences and into whose hands a publication of this sort may fall and that the
motive, or intention in publishing the work does not prevent it from being obscene if the
descriptions in it are in themselves obscene. The passage in the story, to which special
reference has been made earlier in this judgment, is full of grossly indecent and sexual
details of a sexual episode and would undoubtedly suggest to the minds of the young of
either sex, and even to persons of more advanced years, thoughts of lewd and libidinous
situations. It is utterly irrelevant what the intention of the author in writing the story was;
what matters in such cases is the tendency and not the intention. Were it otherwise, a
girl parading the symmetry, outline and development of her body by walking along the
Mall in a state of nudity would not be guilty of any obscene act if her intention in so

20
Crown v. Saadat Hassan Minto, P L D 384 (1952) (Pak)
21
1868 L R 3 Q B 360

12
 doing were to display the physical advantages of the cult of nudism. But, in the instance
given, can there be two opinions whether her act would or would not be obscene? 22
Eventually, Manto along with the editor and publisher of the story was convicted for obscenity.
‘… We find all the respondents guilty and since very perverted notions of decency in literature
seem to prevail in some literary circles of Pakistan, of which Minto is a member, we sentence
each of the respondents to pay a fine of R. 300 each or to undergo rigorous imprisonment for
one month.’23 After prolonged and cumbersome trial, he was held guilty of uttering words
which he uttered not, corrupting minds which he corrupted not and depraving moral standards
which he depraved not.

CONCLUSION AND SUGGESTIONS

Manto's commentaries and distinct flair are unparalleled. Manto has suffered a lot during his
lifetime which has made him debilitated and neglected. He examined, probed, and accurately
articulated intricate and troubling social phenomena with fluid realism and unyielding honesty.
Despite these tribulations and sufferings, he never stopped writing with his characteristic wit
and realism. Interestingly, he is cherished posthumously in proportion to how much he was
discarded in his lifetime. We and future generations are indebted to his meticulous and
thorough perspectives on crucial events and issues which he has provided with his realistic
writings. His writings and commentaries are dynamic, and his critical thoughts are even more
meaningful than ever before.

Researcher has provided following suggestions:

a) Every individual must read Manto's writings in order to develop a proper knowledge
of those times in light of Manto's perspectives. It will aid in comprehending his lucid
and cogent beliefs, and to apply those in practical scenarios.
b) We as a society must be open to various different ideas and values instead of entangling
its developers and proponents in exhaustive legal and social conundrums.

22
Crown v. Saadat Hassan Minto, P L D 384 (1952) (Pak) (sic)
23
Crown v. Saadat Hassan Minto, P L D 384 (1952) (Pak)

13
 BIBLIOGRAPHY

Primary Sources:

• Manto, Sadat Hasan, 1995, Zehmat-e-Meher-e-Darakhshan (Torment of the Blazing

Sun), in Manto Nama
• Manto, Sadat Hasan, 1995, Lazzat-e-Sang (The Taste of Stones), in Manto Nama
• Manto, Sadat Hasan, 1995, Thanda Gosht (Cold Flesh), in Manto Nama
• Siddique, Osama, 2014, Capturing Obscenity: The Trials and Tribulations of Sadat
Hasan Manto (5th edition) Nordic Journal of Law and Social Research

Secondary Sources:

• Jalal, Ayesha, 2013, The Pity of Partition: Manto’s Life, Times and Work across the
India-Pakistan Divide (Cambridge 2013)

Articles:
• Ahmed K, 'Saadat Hasan Manto - The Literary Renegade | Khaled Ahmed - South Asia
Citizens Web' (Sacw.net, 2013) <http://www.sacw.net/article6320.html> accessed 4
November 2021
• Rasheedi M, 'Manto: Real or Virtual?' (JSTOR, 2015)
<http://www.jstor.org/stable/44479446> accessed 4 November 2021
• 'Saadat Hasan Manto - Profile & Biography | Rekhta' (Rekhta, 2021)
<https://www.rekhta.org/authors/saadat-hasan-manto/profile> accessed 5 November
2021

Cases:

• Crown v. Saadat Hassan Minto, P L D 384 (1952)

• Reg v. Hicklin, 1868 L R 3 Q B 360

14
15