The Supreme Court of India on Friday delivered a landmark verdict on the protection of free speech in India as it
quashed a Gujarat Police case against Congress Member of Parliament (MP) Imran Pratapgarhi over a poem uploaded by him on social media.
The bench of Justices Abhay S Oka and Ujjal Bhuyan stressed that the courts must be at the forefront to protect the fundamental rights of citizens facing repercussions for exercising their right to freedom of expression.
Here are the five major observations of the top court.
1. Impossible to lead dignified life without free speech
The Court said that the free expression of thoughts and views by individuals or a group of individuals is 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 under Article 21 of the Constitution," it added.
In particular, the Court said that literature, including poetry, dramas, films, stage shows, satire, art make the life of human beings more meaningful.
2. Counter views with views
In a healthy democracy, views, opinions or thoughts expressed by an individual or a group of individuals must be countered by expressing another point of view, the top court said.
It further said that even if a large number of persons dislike the views expressed by another, the right of that person to express the views must be respected and protected.
3. Don't judge free speech standards on basis of insecure people
The Court also laid down when Section 196 of the Bharatiya Nyaya Sanhita (BNS) can be invoked. The provision penalises actions or speech that promote disharmony, enmity, or hatred between people.
In this regard, the top court followed a decision of the Nagpur Bench of Bombay High Court.
"When an offence punishable under Section 196 of BNS is alleged, the effect of spoken or written words will have to be considered based on the standards of reasonable, strong-minded , firm and courageous individuals and not based on standards of people with weak and oscillating minds. The effect of spoke or written words cannot be judged on the basis of standards of people who always have a sense of insecurity or those who always perceive criticism as a threat to their power or position," it said.
Justice Bhuyan also revealed that today's judgment makes it clear that reasonable restrictions on free speech must remain reasonable. "It cannot be fanciful or oppressive," the judge said.
4. Courts must be at forefront to protect free speech
The courts are duty-bound to uphold and enforce the rights guaranteed under Constitution of India, Justice Oka said while pronouncing the decision.
He added that even when judges themselves may not like the spoken or written words, it is their duty to protect the fundamental rights.
"We, judges, are also under an obligation to uphold the Constitution," the Court said.
It further said that when the police and executive failed to uphold the free speech, it is the duty of the courts to step in.
"There is no other institution which can uphold the fundamental rights of the citizens. The Courts, particularly the Constitutional Courts, must be at the forefront to zealously protect the fundamental rights of the citizens...It is the bounden duty of the courts to ensure that the Constitution and ideals of the Constitutions are not trampled upon. Endeavor of the courts should always be to protect and promote the fundamental rights including the freedom of speech and expression which is one of the most cherished rights of citizens in a liberal constitutional democracy."
5. Police must abide by Constitution
The Court stressed that police officers must abide by the Constitution as they are bound to uphold the rights of people. It observed that philosophy and ideals of the Constitution are in the preamble itself.
"The preamble lays down that people of India have solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic ... and to secure all its citizens, the liberty of thought. Therefore, liberty of thought and expression is one of the ideals of our Constitution," it added.
