GS 2: PolityGS 1: Indian SocietyEthics

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.

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Key Highlights:

  • 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.
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