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

Context

•The Supreme Court on Friday said the fundamental right to free speech through poetry, theatre, stand-up comedy, and satire must be cherished, even as it quashed a criminal case accusing Congress MP Imran Pratapgadhi of inciting discord through his poem on “suffering injustice with love”.

• Justice Bhuyan explained to Solicitor-General Tushar Mehta that the “reasonable restrictions” on free speech must remain reasonable.

• “Restrictions cannot be harmful or oppressive. Restrictions cannot overshadow the fundamental right to free speech,” Justice Bhuyan said pointedly.

• The top court said free speech was an integral part of a healthy and civilised society. A person’s views cannot be silenced merely because the majority does not like the sound of them.

Article 19

Article 19 guarantees to every Citizen of India the following six basic, fundamental freedoms

• 19(a) Freedom of speech and expression.

• 19(b) Freedom to assemble peaceably and without arms

• 19(c) Freedom to form associations or unions or co-operative societies

• 19(d) Freedom to move freely throughout the territory of India

• 19(e) Freedom to reside and settle in any part of the territory of India and

• 19(g) Freedom to practise any profession, or to carry on any occupation trade or business

Reasonable restrictions under Article 19 (2)

Article 19 (2) of Indian Constitution empowers the State to instil reasonable restrictions on the following grounds:

• Security of the State

• Friendly Relation with Foreign States

• Public Order

• Decency and morality

• Contempt of court

• Defamation

• Incitement to offence

• Integrity and sovereignty of India