The Supreme Court of India has ruled that public figures holding high constitutional offices cannot target any community based on religion, caste, language or region. The Court stressed that freedom of speech cannot be misused to vilify or denigrate any section of society.
The Supreme Court of India has made an important observation on the need to protect national unity and social harmony, saying that fraternity is a key constitutional value that binds the country together. The Court clearly stated that people holding high constitutional posts cannot target or speak against any community based on religion, language, caste or region.
The remarks came in a case related to the release of the upcoming Netflix crime thriller Ghooskhor Pandat, directed by filmmaker Neeraj Pandey. The plea had sought a stay on the release of the film. However, a Bench of Justice B V Nagarathna and Justice Ujjal Bhuyan disposed of the matter on February 19 after taking Pandey’s affidavit on record, expressing hope that the controversy would come to an end.
In a separate 39-page judgment, Justice Ujjal Bhuyan strongly underlined that the Constitution does not allow any individual or authority to insult or demean any community.
He observed,
“It is constitutionally impermissible for anybody, be it the State or non-state actors, through any medium, such as, speeches, memes, cartoons, visual arts etc. to vilify and denigrate any community.”
The judge further said,
“It will be violative of the Constitution to target any particular community on the basis of religion, language, caste or region by whosoever he or she may be. This is particularly true for public figures occupying high constitutional office who have taken the solemn oath to uphold the Constitution,”
Justice Bhuyan wrote in a 39-page judgement.
Emphasising the importance of fraternity as mentioned in the Preamble, Justice Bhuyan pointed out that one of the main goals of the Constitution is to promote brotherhood among citizens while ensuring dignity, unity and integrity of the nation.
He wrote,
“Thus, cultivating a sense of brotherhood and respecting fellow citizens irrespective of caste, religion or language is a constitutional dharma each one of us must follow,”
the judge wrote.
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The Court also discussed the scope of freedom of speech and expression under Article 19 of the Constitution. Justice Bhuyan acknowledged that liberty of thought and expression is one of the core ideals of the Constitution and that Article 19 guarantees this fundamental right to citizens.
At the same time, he clarified the limits of this freedom.
“The reasonable restriction provided for in Article 19 must remain reasonable and not fanciful and oppressive. Article 19 cannot be allowed to overshadow the substantive rights under Article 19 including the right to freedom of speech and expression,”
he wrote.
Through these observations, the top court has once again highlighted the delicate balance between freedom of expression and the responsibility to maintain communal harmony and constitutional values.
The judgment sends a strong message that while free speech is protected, it cannot be misused to divide society or target specific communities, especially by those who hold public office and are duty-bound to uphold the Constitution.
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