No absolute freedom: SC

SC SAYS THERE ARE OTHER WAYS TO EXPRESS DISAGREEMENT

Artistic or poetic freedom is not an absolute right, particularly when a poem or an article pertaining to historical personalities like the Father of the Nation uses allusion or symbolism bordering on obscenity, the Supreme Court held on Thursday.

A bench of Justices Dipak Misra and Prafuflla C. Pant gave this ruling while deciding whether a poem, Gandhi Mala Bhetala (I met Gandhi), published in a magazine bordered on obscenity or not. It said that the Fundamental Right enshrined in Article 19 (1) (a) of the Constitution was subject to limitations under Article 19 (2).

The Supreme Court on Thursday refused to reject criminal charges against an author for penning an alleged vulgar and obscene poem on Mahatma Gandhi in 1994.

The bench said: “There can be no two opinions that one can express his views freely about a historically respected personality showing his disagreement, dissent, criticism, non-acceptance or critical evaluation. If the image of Mahatma Gandhi or the voice of Mahatma Gandhi is used to communicate the feelings of Gandhiji or his anguish or his agony about any situation, there can be no difficulty. The issue in the present case is whether in the name of artistic freedom or critical thinking or generating the idea of creativity, a poet or a writer can put into the said voice or image such language, which may be obscene.”

Marathi poet Vasant Dattatrey Gujjar’s poem was published in 1994 in the bulletin published by the appellant, Mr Tuljapurkar. The Maharashtra government in 1995 slapped obscenity and other charges against the poet and the publisher for creating enmity between different sections. The trial court and the Bombay high court discharged them for other offences except obscenity. The present appeal by the publisher is against this judgment. While the author did not prefer an appeal, the publisher prayed for quashing the charges.

The bench said: “When the name of Mahatma Gandhi is alluded or used as a symbol, speaking or using obscene words, the concept of ‘ degree’ comes in. The ‘contemporary community standards test’ (viz. what a common reader will understand) becomes applicable with more vigour, in a greater degree and in an accentuated

manner.”