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Free speech is an integral part of healthy and civilised society: SC

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(Source – The Hindu, International Edition – Page No. – 1)

Topic: GS2 – Indian Polity – Judiciary

Context

  • The Supreme Court reaffirmed the fundamental right to free speech, ruling that poetry, theatre, and satire cannot be criminalized under unreasonable restrictions.

Fundamental Right to Free Expression

  • The Supreme Court ruled that free speech through poetry, theatre, stand-up comedy, and satire must be protected.

  • A criminal case against a public figure was quashed, which accused him of inciting discord through a poem.

Court’s Stand on Reasonable Restrictions

  • The Court emphasized that restrictions on free speech must remain reasonable and should not be oppressive.

  • Authorities must ensure that such restrictions do not overshadow the fundamental right to free speech.

Role of Free Speech in Society

  • Free speech is essential for a healthy and civilised society.

  • A person’s views cannot be silenced just because they are disliked by the majority.

  • Law enforcement must adopt a strong and balanced approach instead of reacting to every hostile viewpoint as a threat.

Criticism of Misuse of Law

  • The judgment stated that the State and police should not misuse their power to target individuals for their opinions.

  • Authorities should not act on behalf of those who feel insecure and view criticism as a threat to their position.

Concerns Over Stifling Art and Poetry

  • The Supreme Court noted a growing tendency to suppress artistic and poetic expression.

  • The poem in question was seen as promoting non-violence, aligning with historical figures advocating peaceful resistance.

Practice Question: Discuss the significance of free speech in a democracy and examine the Supreme Court’s stance on reasonable restrictions in the context of artistic expression. (150 Words /10 marks)

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