8/12/2019 Does Article 19 includes right to offend a particular community?

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him were against the public order, which is a part of Social 3rder was

said by the court.

%. ( (bbas V )nion o* India+ :

This is a case where for the first time pre1censorship was challenged in

supreme court sub/ect to (rticle $%-$ -a and $%-! of Constitution 3f

ndia, $%&% here the court gave certain guidelines on the grounds of

25ecency and morality4 for testing a Film which is one of the mode for

Speech and 9xpression and disagreed to the fact that pre1censorshipshould be abolished. 3ne of the guidelines which support my point is

point fifthThe interests of contemporary society and particularly the influence of the book etc.,on it must not be overlooked.

This means any speech which impacts a particular society should not be

overloo0ed but its reasonableness should be tested.

In ,e: Venugopal (nd &rs. -s. )n#nown:

n this case constitutionality of 6adras olice (ct was challenged on the

grounds of (rticle $&, $%-$ -a and $%-! and the court held in point $$ara ", 5ecency and 6orality is something which is accepted by world

at least throughout the length and breadth of ndia and ara ! tal0 about

offences related 5ecency and 6orality under Section !%! to !%& of

ndian enal code:. Therefore the act was declared unconstitutional as

publishing any thin0ing related to wagering that involves tips; news of

horse race is considered indecent and immoral.

/onclusion:

(s per the above discussion right to offend the sentiments of certain sections ofsociety should not be a part implicitly or explicitly of Freedom Speech and

9xpression as it may disturb the public order of society or may impact the

society morally.

Footnotes7

$. (rticle $%-! in the Constitution of ndia $%&%

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