Madras High Court resurrects Writer Perumal Murugan and his book Madhorubagan [Read Judgment]

If you do not like a book, throw it away. There is no compulsion to read a book. Literary tastes may vary – what is right and acceptable to one may not be so to others, said the Bench.In a landmark Judgment a Division Bench of Madars High Court comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana has dismissed all the Petitions against the Author Perumal Murugan and his book Madhorubagan. Justice Kaul has concluded his 158 Pages Judgment by saying““Let the author be resurrected to what he is best at. Write.”The Bench has held that there is no necessity warranting action against any publication of the Tamil novel “Madhorubagan” or its English translation by name “One Part Woman.“Whether the society is ready to read a particular book and absorb what it says without being offended, is a debate which has been raging for years together. Times have changed. What was not acceptable earlier became acceptable later. “Lady Chatterley’s Lover” is a classical example of it. The choice to read is always with the reader. If you do not like a book, throw it away. There is no compulsion to read a book. Literary tastes may vary – what is right and acceptable to one may not be so to others. Yet, the right to write is unhindered. If the contents seek to challenge or go against the very Constitutional values, raise racial issues, denigrate castes, contain blasphemous dialogues, carry unacceptable sexual contents or start a war against the very existence of our country, the State would, no doubt, step in” said the Bench.The Court has issued the following DirectionsWe are thus of the view that W.P. No.1215 of 2015 be allowed and the prayer sought therein granted to the extent that there is no binding force or obligation arising from the so called Settlement arrived at with the intervention of the State Authorities on 12.1.2015 and a quietus be given to that issue. There is no necessity warranting action against any publication of the Tamil novel “Madhorubagan” or its English translation by name “One Part Woman”, as sought for by the opponents of the novel and therefore, W.P. No.20372 of 2015 stands dismissed.There can also be no possible direction for any police action against the author and/or the publisher, or for any case to be registered or proceeded further, in view of what we have discussed and therefore, Crl. O.P. Nos.7086 and 7153 of 2015 also stand dismissed. Insofar as the areas of concern expressed by us in the guidelines enumerated hereinabove are concerned, they should be adhered to and circulated by the State Government for the benefit of the Police and State Authorities, and the Expert Body as directed, should be constituted with independent experts from different fields after proper consultations, within a period of three months of the receipt of the order.Excerpts from the Judgments"A book cannot be dismissed merely as sensational, reactionary or mean-spirited. A publisher evaluates the work of an author on the quality of its sourcing and writing. 187. In “Madhorubagan”, the author Dr. Perumal Murugan did not set out to explode any myths, but conducted research about what he believed to be ‘revealed truths’ that are far more complex in nature. He decided to “follow the facts where they led”, without regard to any consequences. For that, he has been vilified. In truth, not a single fact stated in the novel had been seriously challenged ever since its publication in Tamil. It is only after the publication of the novel’s English version, understandings that otherwise would have remained in darkness came to light. Can a blanket banning of the novel mean that the true perspective and storyline of this novel will not get addressed in our society?"The Supreme Court expanded the jurisprudence on the concepts of constitutional fraternity vis-à-vis fundamental duties as constituting the core principles of our Constitution, whereby the sense of respect and dignity that is to be offered to another and his views, his beliefs and his practices are termed as a constitutional norm; fraternity thereby assuring the dignity of the individual and the collective unity of the nation. Thus, whenever free speech and expression is sought to be given wings and let loose against the backdrop of one’s creativity, it must carry on its flight within the domain of constitutional morals, forever remembering that while individual opinions and forms of expression are critical to advancement and multifaceted national development, equally important is the safeguarding of the dignity and respectability of another and his cherished beliefs, for the latter must never be compromised on account of the freedom guaranteed under 19(1)(a), as the victim in such circumstances will be no less than the constitutional heartbeat of fraternity – The national brotherhood.Duty of StateEven in matters of this nature, the State may endeavor to diffuse the situation, but not permit proponents of free speech, authors and artistes, as the case...

Madras High Court resurrects Writer Perumal Murugan and his book Madhorubagan [Read Judgment]

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