Supreme Court: Free speech an integral part of a healthy society

India Today

The Supreme Court has made a significant statement on freedom of expression in India. The court emphasized that free expression of thoughts and views is integral to a healthy, civilized society, but reasonable restrictions apply.

Transcript

00:00An important statement has come in from the top court of the country with regard to freedom

00:08of expression.

00:10Freedom of speech in the country has reasonable restrictions which should be reasonable, intact

00:17and cannot be fanciful or obstructive.

00:20This is a big statement that has come in from the Supreme Court.

00:25The top court's thoughts and views is integral, part of a healthy civilized society.

00:34I quote from the Supreme Court here, without expression of thoughts and views, it's impossible

00:38to lead a dignified life.

00:40But such views must be countered by another point of view.

00:44Right of persons to express their view must be respected and protected.

00:48So that's clear.

00:49Supreme Court elaborating here very categorically saying, right of a person to express their

00:55view must be respected and must be protected at all cost.

01:00However, there are reasonable restrictions that are also placed that such expressions

01:06cannot be fanciful or obstructive.

01:08Free expression and thought is viewed as integral part of a healthy civilized society.

01:13Without it, difficult to lead a dignified life.

01:19This is what the top court's big observation has come in.

01:24Remember in the backdrop of whether it's the OTT shows, the recent Kunal Kamra's stand-up

01:32comedy so to say which many have found offensive but the court making it very clear that there

01:39is full on free expression of thought allowed in this country.

01:42The right of a person to express views must be respected and protected but there are reasonable

01:47restrictions which should also be that they cannot be fanciful or obstructive.

01:53India Today's legal correspondent Srishti Ojha joins me for the latest on that.

01:59Srishti, tell me more about this because this in many ways could end the debate about absolute

02:05freedom, how much of freedom of expression because it's leading to cases of vandalism,

02:10physical attacks.

02:12Well, definitely Pooja, in this particular case we have seen a big relief come in for

02:18Congress MP Imran Pratap Garhi with reference to a case that was registered against him

02:23by Gujarat police for a poem that he posted on his social media.

02:27Now the court in this order while setting aside the FIR has clearly said that while

02:30it's true that there are restrictions on freedom of speech, reasonable restrictions but those

02:36restrictions have to be reasonable and cannot be fanciful or obstructive.

02:42So that's a big remark which has come in and also talking about the freedom of speech and

02:46expression, the court has said that free expression of thoughts and views is a very integral part

02:51of a healthy civilized society.

02:53If a person is not allowed to express his thoughts and views, it will be impossible

02:57for him to lead a dignified life.

03:00According to the court, these views must be countered by another point of view, that's

03:04the right way to go about it and the right that people have under the constitution to

03:09express their views must be respected and protected.

03:12Krishni, I have an added question here just for the background to the viewer that this

03:16is not of course a generic comment, this has come in the backdrop of Imran Pratap Garhi

03:21who is a Congress leader about some poetry allegations and Supreme Court saying that

03:25poetry, art, satire, it enriches life.

03:28Police is duty bound to uphold that fundamental right.

03:31Tell me more about how the Supreme Court has said that there is law protecting that

03:36freedom of expression but that comes in with perhaps reasonable restrictions.

03:42Well yes Pooja like I mentioned we are talking about Imran Pratap Garhi's case where an

03:46FIR was filed against him in Gujarat over a poem that he had posted on his social media.

03:53Now even during the hearing we had seen the Supreme Court call out the Gujarat police

03:58asking them as to why they would file an FIR for a simple poem that was posted by him.

04:03Now in today's judgement the court while setting aside the system has said that poetry,

04:08art, satire in a way enrich life and the police.

04:12They have also made a big comment on the police and how the police is duty bound to uphold

04:17the fundamental rights and uphold the constitution.

04:20Police can also not go against what is in the constitution.

04:24According to the top court the standard of prejudice must be based on reasonable understanding

04:30of the principles of understanding persons and not by standards of those who are weak

04:35or ready to take offence and see everything as a threat or criticism.

04:39Free expression of thoughts and views is an integral part of society.

04:42And if there is anyone who is offended, who has criticism to give, give it from a counter view

04:48is what the court is saying rather than indulge in any kind of vandalism that we have seen lately.

04:53Thank you very much for now.

04:55And can what court has said put an end to the kind of conflict, vandalism, attacks,

05:01political showdown that we have seen or perhaps that would still continue.

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