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The freedom of speech and expression of opinion is of para mount importance under a democratic Constitu tion which envisages changes in the composi tion of legislatures and governments and must be preserved." Ratio |
Movie is the legitimate and the most important medium in which issues of general concern can be treated. Ratio |
The producer may project his own messages which the others may not ap prove of. Ratio |
But he has a right to "think out" and put the counter appeals to reason. Ratio |
It is a part of a democratic give and take to which no one could complain. Ratio |
The State cannot prevent open discussion and open expression, however, hateful to its policies. Ratio |
As Professor Fraund puts it: "The State may not punish open talk, however, hateful, not for hypocritical reason that Hyde Parks are a safety valve, but because a bit of sense may be salvaged from the odious by minds striving to be rational, and this precious bit will enter into the amalgam which we forge." (Paul A. Fre... |
"When men differ in opinion, both sides ought equally to have 225 the advantage of being heard by the public." (Benjamin Franklin). Ratio |
If one is allowed to say that policy of the government is good, another is with equal freedom entitled to say that it is bad. Ratio |
If one is allowed to support the governmental scheme, the other could as well say, that he will not support it. Ratio |
The different views are allowed to be expressed by proponents and opponents not because they are correct, or valid but because there is freedom in this country for expressing even differing views on any issue. Ratio |
Alexander Meiklejohn perhaps the foremost American philosopher of freedom of expression, in his wise little study neatly explains: "When men govern themselves, it is they and no one else who must pass judgment upon unwisdom and unfairness and danger. Ratio |
And that means that unwise ideas must have a hearing as well as wise ones, unfair as well as fair, dangerous as well as safe, an Ameri can as well . American . . Ratio |
If then, on any occasion in the United States it is allowable, in that situation, to say that the Constitution is a good document it is equally allowable, in that situation, to say that the Constitution is a bad document. Ratio |
If a public building may be used in which to say, in time of war, that the war is justified, then the same building may be used in which to say that it is not justified. Ratio |
If it be publicly argued that conscription for armed service is moral and necessary, it may likewise be publicly argued that it is immoral and unnecessary. Ratio |
If it may be said that American political insti tutions are superior to those of England or Russia or German, it may with equal freedom, be said that those of England or Russia or Germany are superiors to ours. Ratio |
These conflict ing views may be expressed, must be expressed, not because they are valid, but because they are relevant . . Ratio |
To be afraid of ideas, any idea, is to be unfit for self government." (Political Freedom (1960) at 27). Ratio |
He argued, if we may say so correctly, that the guaran tees of freedom of speech and of the press are measures adopted by the people as the ultimate rulers in order to retain control over the Government, the people 's legislative and executive agents. Ratio |
Brandies, J., in Whitney vs California, ; ,375 8 (1927) propounded probably the most attractive free speech theory: 226 " . . that the greatest menace to freedom is an inert people; that public dis cussion is a political duty; . .It is hazardous to discourage thought, hope and imagination; that the path of safety lies ... |
" What Archibald Cox said in his article though on "First Amendment" is equally rele vant here: "Some propositions seem true or false beyond rational debate. Ratio |
Some false and harm ful, political and religious doctrine gain wide public acceptance. Ratio |
Adolf Hitler 's brutal theory of a 'master race ' is sufficient exam ple. Ratio |
The liberty cannot be denied to some ideas and saved for others. Ratio |
The reason is plain enough: no man, no committee, and surely no government, has the infinite wisdom and disinterestedness accurately and unselfishly to separate what is true from what is debata ble, and both from what is false. Ratio |
To license one to impose his truth upon dessenters is to give the same licence to all others who have, but fear to lose, power. Ratio |
The judgment that the risks of suppression are greater than the harm done by bad ideas rests upon faith in the ultimate good sense and decency of free peo ple." (Society Vol. Ratio |
24 p. 8 No. 1 November/December 1986). Ratio |
The problem of defining the area of freedom of expres sion when it appears to conflict with the various social interests enumerated under Article 19(2) may briefly be touched upon here. Ratio |
There does indeed have to be a compromise between the interest of freedom of expression and social interests. Ratio |
But we cannot simply balance the two interests as if they are of equal weight. Ratio |
Our commitment to freedom of expression demands that it cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered. Ratio |
The anticipated danger should not be remote, conjectural or far fetched. Ratio |
It should have proximate and direct nexus with the expression. Ratio |
The expression of thought should be intrinsically dangerous to the public interest. Ratio |
227 Our remarkable faith in the freedom of speech and ex pression could be seen even from decisions earlier to our Constitution. Ratio |
There the accused was convicted under sec.124(A) of Penal Code for making a speech recommending 'Bolshevik ' form of Government to re place the then existing form of Government in Calcutta. PRE |
While setting aside the conviction and acquitting the ac cused, Lord Williams, J., who delivered the judgment ob served (at 637): "All that the speakers did was to encourage the youngmen, whom he was addressng, to join the Bengal Youth League and to carry on a propaganda for the purpose of inducing as large a number of... |
It is really absurb to say that speeches of this kind amount to sedition. Ratio |
If such were the case, then every argument against the present form of Government and in favour of some other form of Government might be allowed to lead to hatred of the Government, and it might be suggested that such ideas brought the Govern ment into contempt. Ratio |
To suggest some other form of Government is not necessarily to bring the present Government into hatred or contempt. Ratio |
" To the same effect is the observation by the Bombay High Court in Manohar vs Government of Bombay, AIR 1950 BOM 210. Ratio |
There the writer of an article in a newspaper was convicted for an offence under the Press (Emergency Powers) Act, 1931, for incitement to violence. Ratio |
The writer had suggested the people to follow the example of China by rising against Anglo American Imperialism and their agents. Ratio |
He had also suggested his readers to pursue the path of violence, as the Chinese people did, in order that Anglo American Imperialism should be driven out of this country. Ratio |
Chagla C.J., while quashing the conviction said (at 2 13): "It is true that the article does state that the working class and the coiling masses can get hold of power through the path of revolution alone. Ratio |
The revolution preached is not necessarily a violent revolution. Ratio |
228 XXX XXX XXX XXX As the writer has not stated in this article that the toiling masses should take up arms and fight for their rights and thus achieve a revolution we refuse to read this expression as inciting the masses to violent methods. Ratio |
" In Niharendu Dutt Majumdar vs Emperor, AIR 1942 FC 23, the Federal Court examined the effects of a vulgar and abusive outburst against the Government made by the accused for which he was convicted under Rule 34 of the Defence of India Rules. Ratio |
Gwyer, C.J., while acquitting the person commented more boldly (at 27): "There is an English saying that hard words break no bones; and the wisdom of the common law has long refused to regard an actionable any words which, though strictly and liberally defamatory, would be regarded by all reasonable men as no more than... |
XXX XXX XXX XXX XXX The speech now before us is full of them. Ratio |
But we cannot regard the speech, taken as a whole as inciting those who heard it, even though they cried "shame shame" at intervals, to attempt by violence or by public disorder to subvert the Government for the time being established by law in Bengal or elsewhere in India. Ratio |
That the appellant expressed his opin ion about that system of Government is true, but he was entitled to do so,; and his reference to it were, we might almost say, both common place and in common form, and un likely to cause any Government in India a moments uneasyness. Ratio |
His more violent outburst were directed against the then Ministry in Bengal and against the Governor in Bengal in his political capacity but we do not feel able to say that his speech whatever may be thought of the form in which it was expressed, exceed ed the legal limits of comment or criticism." Ratio |
" Even the European Court 's approach in protecting the freedom of expression is not different although they have the extensive list of circumstances for limiting the free dom. Ratio |
Article 10 of the European Convention of Human Rights and Fundamental Freedom provides: 229 "(1) Every one has the right to freedom of expression. STA |
(2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, condi tions, restrictions or penalties as are pre scribed by law and are necessary in a demo cratic society in the interests of national security, territorial integrity or public safety, for the... |
However, the European Court in Handyside vs United Kingdom, [1976] EHRR/737 observed at 754; "The court 's supervisory functions oblige it to pay the utmost attention to the principles characterising a 'democratic socie ty '. Ratio |
Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man. Ratio |
Subject to Article 10(2), it is applicable not only to 'information ' or 'ideas ' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend shock or disturb the State or any sector of the population. Ratio |
Such are the demands of that pluralism, tolerance and broadminded ness without which there is no 'democratic society '. Ratio |
This means, amongst other things, that every 'formality ', 'condition ', 'restric tion ' or 'penalty ' imposed in this sphere must be proportionate to the legitimate aim pur sued. Ratio |
" This takes us to the validity of the plea put forward by the Tamil Nadu Government. Ratio |
In the affidavit filed on behalf of the State Government, it is alleged that some organisa tions like the Tamil Nadu Scheduled Castes/Scheduled Tribes People 's Protection Committee, Dr. Ambedkar People 's Move ment, the Republican Party of India have been agitating that the film should be banned as it hurt the sentime... |
It is stated that the General Secretary of the Republican Party of India has warned that his party would not hesitate to damage the cinema 230 theatres which screen the film. Ratio |
It is further alleged that there were some group meetings by Republican .Party members and Dr. Ambedkar People 's Movement with their demand for banning the film. Ratio |
With these averments it was contended for the State that the exhibition of the film. Ratio |
will create very serious law and order problem in the State. Ratio |
We are amused yet troubled by the stand taken by the State Government with regard to the film which has received the National Award. Ratio |
We want to put the anguished question, what good is the protection of freedom of expression if the State does not take care to protect it? If the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of expression cannot be sup pressed on account of threat of demonstration and p... |
That would tentamount to negation of the rule of law and a surrender to black mail and intimidation. Ratio |
It is the duty of the State to protect the freedom of expression since it is a liberty guaranteed against the State. Ratio |
The State cannot plead its inability to handle the hostile audience problem. Ratio |
It is its obligatory duty to prevent it and protect the freedom of expression. Ratio |
In this case, two Revesing Committees have approved the film. Ratio |
The members thereof come from different walks of life with variegated experiences. Ratio |
They represent the cross sec tion of the community. Ratio |
They have judged the film in the light of the objectives of the Act and the guidelines pro vided for the purpose. Ratio |
We do not think that there is any thing wrong or contrary to the Constitution in approving the film for public exhibition. Ratio |
The producer or as a matter of fact any other person has a right to draw attention of the Government and people that the existing method of reserva tion in education institutions overlooks merits. Ratio |
He has a right to state that reservation could be made on the basis of economic backwardness to the benefit of all sections of community. Ratio |
Whether this view is right or wrong is another matter altogether and at any rate we are not concerned with its correctness or usefulness to the people. Ratio |
We are only concerned whether such a view could be advocated in a film. Ratio |
To say that one should not be permitted to advocate that view goes against the first principle of our democracy. Ratio |
We end here as we began on this topic. Ratio |
Freedom of ex pression which is legitimate and constitutionally protected, cannot be held to ransom, by an intolerant group of people. Ratio |
The fundamental freedom 231 under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in Articles 19(2) and the restriction must be justified on the anvil of necessity and not the quicks and of convenience or expediency. Ratio |
Open criticism of Government policies and operations is not a ground for restricting expression. Ratio |
We must practice tolerance to the views of others. Ratio |
Intolerance is as much dangerous to democracy as to the person himself. Ratio |
In the result, we allow these appeals, reverse the judgment of the High Court and dismiss the writ petitions of the respondents. RPC |
In the circumstances of the case, however, we make no order as to costs. RPC |
Y.L. Appeals allowed. RPC |
: Civil Appeal Nos.203 7 2042 of 1977 etc. FAC |
From the Judgment and Order dated 21.10.1976 of t he Rajasthan High Court in D.B. Special appeal Nos. 8, 20, 2 2, 26, 27 and 28 of 1976. FAC |
A.K. Sen, V.M. Tarkunde, Shanti Bhushan, Sushil Kum ar Jain, N.D.B. Raju, Ram Kalyan Sharma,Jagdish Nandware, K. B. Rohtagi, S.K. Dhingra, R.S. Sodhi and Vineet Kumar for the Appellants. FAC |
C.M. Lodha, Badri Dass Sharma, S.D. Khanduja and Ind ra Makwana for the Respondents. FAC |
The Judgment of the Court was delivered by VENKATACHALIAH, J. FAC |
These appeals, by Special Leave a nd Petitions for grant of Special Leave pertaining to agrari an reform legislation in the State of Rajasthan, arise out of and are directed against the judgment dated 21st Octobe r, 1976, of a full bench of the High Court of Rajasthan, di s missing a batch of special appeals and affirm... |
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