Constitutionally impermissible to vilify any community: SC judge, Pg2
Supreme Court emphasizes constitutional prohibition against community vilification, highlighting fraternity and free speech balance in film title dispute.
Supreme Court Justice Ujjal Bhuyan stated that vilifying or denigrating any community is constitutionally impermissible.
The statement was made during the disposal of a petition challenging the film title "Ghooskhor Pandit," after the director agreed to change it.
The court emphasized the constitutional objective of fraternity and the fundamental duty to foster brotherhood.
Freedom of speech is not absolute and is subject to reasonable restrictions, as per the court.
Detailed Insights:
The court highlighted that fraternity is crucial for realizing equality and harmonizing diverse segments of society in India.
Targeting any community based on religion, language, caste, or region is a violation of the Constitution, especially for public figures.
The Supreme Court has previously addressed freedom of speech and expression in the context of films, emphasizing the right to exhibit a film once certified by the statutory board.
Preventing the exhibition of a film, once certified, can lead to anarchy and cripple the right to freedom of speech and expression.
Key Concepts Involved:
Fraternity: The principle of brotherhood and unity, promoting a sense of common identity and shared interests among people.
Freedom of Speech: The right to express one's opinions and ideas without censorship or restraint, subject to reasonable restrictions.
Constitutional Dharma: The moral and ethical duties derived from the Constitution, emphasizing respect for fellow citizens and national unity.