Artist's Freedom Of Speech Cannot Be Disturbed Lightly : Justice Sanjay Kishan Kaul
Speaking at the Hindu Lit for Life Event in Chennai, Supreme Court Judge Justice Sanjay Kishan Kaul said that in our constitutional scheme, the freedom of speech and expression weighs overwhelmingly in favour of the artist and cannot be disturbed lightly."In these uncertain and deeply polarised times there is a pressing need to rediscover and retain our public spaces, to facilitate...
Speaking at the Hindu Lit for Life Event in Chennai, Supreme Court Judge Justice Sanjay Kishan Kaul said that in our constitutional scheme, the freedom of speech and expression weighs overwhelmingly in favour of the artist and cannot be disturbed lightly.
"In these uncertain and deeply polarised times there is a pressing need to rediscover and retain our public spaces, to facilitate principle conversations about our most contentious issues", he said during this inaugural address.
He recollected a judgment written by him as the Chief Justice of Madras High Court in 2016 which rejected a plea to ban the novel "Madhorubhagan" written by Perumal Murugan on the ground of obscenity. He opined that obscenity is a matter of perception brought upon the viewers upon themselves.
Often the perceived offensiveness of a work of art is brought down by the viewer upon themselves and that in our constitutional scheme the freedom of speech and expression weighs overwhelmingly in favour of the artist and cannot be disturbed lightly.
This case was about freedom of speech and expression, one of the most cherished rights in our liberal constitution. However, I believe this case is also deeply instructive about the myriad relationships between literature, law and the society at large.