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Artist's Freedom Of Speech Cannot Be Disturbed Lightly : Justice Sanjay Kishan Kaul

Upasana Sajeev

26 Feb 2023 10:38 AM GMT

    • Artists 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. 
    The novel had become controversial after certain sections of the local community took offence with. The book revolves around a couple and the social stigma that they have to face due to their childlessness and the lengths that they go to go conceive.
    After the vilification that followed, Prof Murugan had posted his own obituary in the social media saying that the author had died and withdrew all his novels from circulation. In its judgment refusing to ban the book, the court held that the choice to read was always with the reader and that if they did not like a book they can refuse to read it, but cannot demand that no one else should read.
    “Literary tastes may vary- what is right and acceptable to one may not be so to others. Yet the right to write is unhindered”, the court had observed.
    Justice Kaul said that the judgement rendered by the court noted that "obscenity", while it may or may not have been present, was not the sole objective of the novel. It was an attempt to challenge established social morals such as the stigma against sex and childlessness.
    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.
    He added that like the authors were often involved in the making and unmaking of the society, the Judge also became an author in the courtroom where he attempts to understand how social institutions should operate and how they could make them more workable within the framework of the constitution.
    Tags
    Justice Sanjay Kishan KaulFreedom of speech and expressionObscenity
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