Monday, October 08, 2012

Prajapati Obscenity Trial (Supreme Court Verdict)

Lady Chatterley's Lover in Japan

http://www.courts.go.jp/english/judgments/text/1957.03.13-1953-A-No.1713-112004.html

This is the judgement on the case of translation and publication of LADY CHATTERLEY'S LOVER in Japan. In 1950, the editor Kyujiro Koyama and the translator Sei Ito were accused of obscenity for the translation, publication and distribution of this novel. The prosecutor insisted that twelve passages in the book were obscene to the general public and therefore its public viewing constituted a crime under Article 175 of the Penal Code. On the other hand, the accused maintained that the interpretation of the Penal Code given by the prosecutor was flawed and unconstitutional. After a series of disputes at the Tokyo High Court, the case was finally taken to the Supreme Court in 1957. On 13 March of that year, the Supreme Court rejected any appeals made by the accused and backed the accusations made by the prosecution that the twelve passages at issue infected the whole book with obscenity arguing that "the description of the sex acts contained therein at twelve passages, as pointed out by the prosecutor, is all too bold, detailed, and realistic"