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Informist, Friday, Mar. 28, 2025

 

NEW DELHI – The Supreme Court on Friday observed that 75 years into India's republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities. Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to a free society, said the top court.

 

The bench of Justices Abhay S. Oka and Ujjal Bhuyan said that free expression of thoughts and views by individuals or groups of individuals was an integral part of a healthy civilised society. Without freedom of expression of thoughts and views, it is impossible to lead a dignified life guaranteed by Article 21 of the Constitution, said the bench. 

 

In a healthy democracy, the views, opinions or thoughts expressed by an individual or group of individuals must be countered by expressing another point of view, said the court. Even if a large number of persons dislike the views expressed by another, the right of the person to express the views must be respected and protected, the top court said. Literature including poetry, dramas, films, stage shows including stand-up comedy, satire and art, make the lives of human beings more meaningful. The courts are duty-bound to uphold and enforce fundamental rights guaranteed under the Constitution of India, the bench added.

 

The apex court quashed a first information report against Indian National Congress Member of Parliament Imran Pratapgarhi over a poem uploaded by him on social media. The allegations against Pratapgarhi were that the words of his poem incited people of one community against another, and it hurt a community's religious and social sentiments. It was alleged that the video posted by the appellant created enmity between two communities at the national level and hatred towards each other. 

 

"When an offence punishable under Section 196 of BNS(Bharatiya Nyaya Sanhita) is alleged, the effect of the spoken or written words will have to be considered based on standards of reasonable, strong-minded, firm and courageous individuals and not based on the standards of people with weak and oscillating minds," said the court. The effect of the spoken or written words cannot be judged on the basis of the standards of people who always have a sense of insecurity or of those who always perceive criticism as a threat to their power or position, said the court. "If the police or executive fail to honour and protect the fundamental rights guaranteed under Article 19 (1)(a) of the Constitution, it is the duty of the Courts to step in and protect the fundamental rights," the court added.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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