Noting that free speech is not an absolute right, the
Supreme Court on Thursday held that poetic licence does not mean having
nationally revered figures like Mahatma Gandhi mouth obscene words.
The
apex court said in its judgment that when the name of Mahatma Gandhi is
alluded to or used as a symbol speaking or using obscene words, the
test of “contemporary community standards” of what is vulgar and obscene
language becomes applicable with more vigour.
A
Bench of Justices Dipak Misra and P.C. Pant set these standards while
considering the plea of Devidas Ramachandra Tuljapurkar, who was charged
with publishing the “obscene” Marathi poem titled Gandhi Mala Bhetala
(I Met Gandhi) in which the Mahatma is a character. The poem was
published in 1994 in an in-house bank magazine.
'Subject to limitations'
The
verdict said freedom of speech and expression has to be given a broad
canvas, but it is also subject to inherent limitations within the
constitutional parameters.
Here, Justice Misra wrote
in the judgment, the author uses historically respected persons as a
medium to mouth obscene words. Hence, creativity melts into
insignificance and obscenity emerges to the surface.
Mr.
Tuljapurkar’s counsel Gopal Subramanium argued that a historical
personality cannot be an “impediment” to a citizen’s right to free
speech.
“Poetry encouraged fearlessness of
expression, and this cannot be restricted because of the use of the name
of a personality. Freedom to offend is also a part of freedom of
speech,” Mr. Subramanium had argued.
Keywords: Freedom of speech, poetic licence, Supreme Court observation, obscene language against Mahatma Gandhi
