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Freedom of speech and expression has limits, says Supreme Court

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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.

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15 Amazing Facts About The Revolutionary Bhagat Singh

Bhagat Singh is considered to be a legend. Many of his actions are well-known. Even after his death, his inspiring actions continued to stir the desire for freedom.

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Bhagat Singh belonged to Punjab and popularly referred as legendary revolutionary Shaheed-e-Azam Bhagat Singh. Wikimedia Commons
Bhagat Singh belonged to Punjab and popularly referred as legendary revolutionary Shaheed-e-Azam Bhagat Singh. Wikimedia Commons
  • Bhagat Singh was born on 28 September 1907
  • At a very early age, he got inclined towards socialism and socialist revolutions
  • Bhagat Singh was a very versatile theatre artist

Bhagat Singh stands out to be one of India’s greatest revolutionary freedom fighter who was given the death penalty by the British colonizers. Although he died at a very young age of 23 but his actions inspired the youth of the nation to fight for the nation’s freedom.

Bhagat Singh belonged to Punjab and popularly referred as legendary revolutionary Shaheed-e-Azam Bhagat Singh. He was born on 28 September 1907 in the village of Banga, Lyallpur district (now in Pakistan). Bhagat Singh is considered to be one of the most influential revolutionaries of the Indian independence movement. He inculcated the spirit of martyrdom since his childhood.

Due to the utter influence of Bhagat Singh, Britishers hanged him an hour ahead of the official time. Wikimedia Commons
Due to the utter influence of Bhagat Singh, Britishers hanged him an hour ahead of the official time. Wikimedia Commons

At a very early age, he got inclined towards socialism and socialist revolutions led by Lenin and soon he started to follow and read about them. The leaflet that he threw in the Central Assembly on 9 April 1929, he stated, “It is easy to kill individuals but you cannot kill the ideas. Great empires crumbled while the ideas survived.”

Also Read: 8 must-read works of Rabindranath Tagore

Take a look at the life of one of the most celebrated Indian freedom fighters.

  1. Bhagat Singh was a great actor in college and a theatre artist. He took part in several plays. The most notable plays he was part of were ‘Rana Pratap’, ‘Samrat Chandragupta’ and ‘Bharata-durdasha’.
  2. When the Jalianwala Bagh incident occurred, Bhagat Singh was in school. He immediately left the school and went straight to the place of the tragedy. He collected the mud of that place which was mixed with the blood of Indians and worshipped the bottle every day. At that time, he was just 12 years old.
  3. In his childhood, Bhagat Singh often talked and wanted to grow guns in the fields, so that he could fight the British and push them back.
  4. Being a kid, he never talked about toys or games. He used to speak about driving out Britishers from India.
  5. The bomb that Bhagat Singh and his associates threw in the Central Assembly, were made of low-grade explosives. They were thrown away from people in the corridors of the building and were only meant to startle and not harm anyone. The British investigation report and forensics details also confirmed this.
  6. Bhagat Singh coined the word “political prisoner” during his stay in prison in 1930. He demanded basic amenities for his comrades in the prison which were even given to British looters and goons in the jail.
  7. ‘Inquilab Zindabad’ was the very famous phrase of Bhagat Singh. It fueled the independence vision of the people and later on became the slogan of India’s armed freedom struggle.
  8. Due to the utter influence of Bhagat Singh, Britishers hanged him an hour ahead of the official time. He was then secretly cremated on the banks of the river Sutlej by jail authorities. However, on hearing the news of his execution, thousands of people gathered at the spot of his cremation and took out a procession with his ashes.
  9. When Bhagat Singh was imprisoned in Lahore Jail, he kept a diary with him in which he penned down his fervent thoughts about freedom and revolution.
  10. At the very young age of 14 years, Bhagat Singh took part in a protest against the killing of a large number of unarmed people at Gurudwara Nankana Sahib.
  11. Bhagat Singh debunked Mahatma Gandhi’s philosophy of non-violence. After the 1922 Chauri Chaura incident, he joined the Young Revolutionary Movement and began to advocate for the violent methods to overthrow the British Government in India.
  12. To avoid a forced marriage by his family, Bhagat Singh ran away to Kanpur and left a letter, which read, “My life has been dedicated to the noblest cause, that of the freedom of the country. Therefore, there is no rest or worldly desire that can lure me now.”
  13. When the British police became aware of Singh’s influence on youth, they immediately arrested him on the false pretext of having been involved in a bombing.
  14. After witnessing the Hindu-Muslim riots that broke out after Gandhi disbanded the Non-Cooperation Movement, he began to question religious ideologies of the society. After that point, Singh dropped his religious beliefs. He believed that the religion hinders the revolutionaries’ struggle for independence, and started studying the works of Bakunin, Lenin, Trotsky – all atheist revolutionaries. Later on, Bhagat Singh also wrote an essay titled ‘Why I am an Atheist’ in 1930 in Lahore Central Jail.
  15. Bhagat Singh wrote for Urdu and Punjabi newspapers which used to get published from Amritsar. He also contributed to the publishing of pamphlets by the Naujawan Bharat Sabha that excoriated the British. In his college time, Singh won an essay competition set by the Punjab Hindi Sahitya Sammelan. Bhagat Singh also published a series of articles on anarchism in Kirti and used many pseudonyms such as Balwant, Ranjit and Vidhrohi for publishing his writings.
    ‘Inquilab Zindabad’ was the very famous phrase of Bhagat Singh. Wikimedia Commons
    ‘Inquilab Zindabad’ was the very famous phrase of Bhagat Singh. Wikimedia Commons

     

    Also Read: 10 Facts You Need To Know About Homi Bhabha

    Bhagat Singh is considered to be a legend. Many of his actions are well-known. His execution ignited the feeling of unity in many people to take up the revolutionary path, playing an important role in India’s freedom struggle. On the other hand, many didn’t agree with his radical approach to attain freedom. Even after his death, his inspiring actions continued to stir the desire for freedom.

    Once Bhagat Singh said, “They may kill me, but they cannot kill my ideas. They can crush my body, but they will not be able to crush my spirit.