Supreme Court Rules Naga Babas’ Nudity Not Obscene

The Supreme Court has ruled that the naked presence of Naga Babas at Pashupatinath during Maha Shivaratri should not be considered obscenity.

The request for a prohibition by lawyer Yagyamani Neupane was rejected by a court constituted with Justices Kumar Chudal and Nahakul Subedi. The ruling stated that nudity and obscenity are not the same, and nudity is affiliated with Sanatan Dharma and traditional Hindu practices in this case.

The ruling reflected that nudity is the absence of covering whereas obscenity means sexually lewd or lascivious behaviors. Carvings on temples and statues in museums were cited as forms of nudity, which are not obscenity.

The court stated that Naga Babas are nude as a matter of belief and spiritual exercise, not intention of sexual provocation. It [the court] has also disregarded claims that Naga Babas produce sexual violence or social sedimentation.

The court suggested that instead of a prohibition, regulating the Naga Babas by allocating sections of space during festival time is an option.

Every Maha Shivaratri, a significant number of ascetics come to Pashupatinath as faith. Due to tradition, the temple authorities will feed, house, and provide travel allowances.