Friday May 25, 2018
Home India Freedom of sp...

Freedom of speech and expression has limits, says Supreme Court

0
//
90
Republish
Reprint

Supreme_Court_of_India_-_200705_(edited)

By NewsGram Staff Writer

The Supreme Court on Thursday declared that freedom of speech and expression has “constitutional limitation attached to it” and it has to be given a broad canvas. This right cannot be exercised to attribute obscene expletives to “historically respected personality” such as Mahatma Gandhi.

A bench of Justices, Dipak Misra and Prafulla C. Pant, said, “Freedom of speech and expression has to be given a broad canvas, but it has to have inherent limitations which are permissible within the constitutional parameters.”

“We have already opined that freedom of speech and expression as enshrined under Article 19(1)(a) of the Constitution is not absolute in view of Article 19(2) of the Constitution,” they added.

“We reiterate the said right is a right of great value and transcends and with the passage of time and growth of culture, it has to pave the path of ascendancy, but it cannot be put in the compartment of absoluteness. There is constitutional limitation attached to it,” the bench said.

The bench set these standards while hearing the plea of Devidas Ramachandra Tuljapurkar, editor and publisher of a bulletin magazine of All India Bank Employees Association, who was charged with publishing the “obscene” Marathi poem titled Gandhi Mala Bhetala (I Met Gandhi) authored by Vasant Dattatray Gujjar in which Gandhi’s character was ridiculed. The poem was published in 1994 in an in-house bank magazine.

The apex court said in its judgment:

When the name of Mahatma Gandhi is alluded or used as a symbol, speaking or using obscene words, the concept of “degree” comes in. To elaborate, the “contemporary community standards test” becomes applicable with more vigour, in a greater degree and in an accentuated manner. What can otherwise pass of the contemporary community standards test for use of the same language, it would not be so, if the name of Mahatma Gandhi is used as a symbol or allusion or surrealistic voice to put words or to show him doing such acts which are obscene.

The contemporary community standards test is a parameter for adjudging obscenity, and in that context, the words used or spoken by a historically respected personality is a medium of communication through a poem or write-up or other form of artistic work gets signification, the top court said.

“We have already opined that by bringing in a historically respected personality to the arena of section 292 IPC, neither a new offence is created nor an ingredient is interpreted,” the court said. “In the context of obscenity, the provision enshrined under the Indian Penal Code’s section 292 (sale, etc., of obscene books, etc.) has its room to play,” Justice Pant added.

In 1994, after watching the poem in bank premises, Patit Pawan Sanghtan had filed the complaint against the publisher and the author of the poem. Both the trial court and the Bombay High Court declined to unsaddle them of the obscenity charge although they were charged of creating enmity between different sections.

Click here for reuse options!
Copyright 2015 NewsGram

Next Story

All Religions Flourished In India: Modi

"Every religion found life here, it grew here. Every Indian is proud of this virtue, no matter what language he speaks, no matter what religion he practices," the Prime Minister said

0
//
38
Narendra Modi App
Prime Minister Narendra Modi (FILE PHOTO)
  • Prime minister Narendra Modi says that all religions flourished in India
  • He said that every religion found life in India
  • Modi said that India is a land of many religions and festivals

Stressing that India embraced many religions, Prime Minister Narendra Modi said on Thursday that every religion flourished in India.

Prime Minister, Narendra Modi says that India is a land of many religions.
Prime Minister, Narendra Modi says that India is a land of many religions.

“Every religion found life here, it grew here. Every Indian is proud of this virtue, no matter what language he speaks, no matter what religion he practices,” the Prime Minister said at a conference on ‘Islamic Heritage: Promoting Understanding and Moderation’ in the presence of Jordan’s King Abdullah II.

Also Read:  Amazing Platform where Prime Minister connects with the citizens

“Be it, Buddha or Mahatma Gandhi, the fragrance of peace and love has spread across the world from India. India has given the idea of ‘Vasudev Kutumbakam’ — which means that the whole world is our family. India found its identity in considering the people of this world as their family.

Narendra Modi app
Narendra Modi says that Indians celebrate all festivals with same level of jest.

“We will be celebrating Holi tomorrow, there will be a celebration of Buddha Jayanti, that will be followed by the month of Ramzan — a symbol of the country’s unity and diversity.” IANS