State, non-state actors cannot denigrate any community through speeches or art: Supreme Court

The Supreme Court recently observed that it is constitutionally impermissible for anyone, whether state or non-state actors, to vilify or denigrate any community through speeches, memes, cartoons or visual art.

Justice Ujjal Bhuyan stressed that this is “particularly true for public figures occupying high constitutional office”, saying that they must not target any community on the basis of religion, language, caste or region.

The bench of Justices BV Nagarathna and Bhuyan on February 19 disposed of a public interest litigation objecting to the film Ghooskhor Pandat’s title for allegedly defaming the Brahmin community.

The bench closed the matter after the filmmakers agreed to change the title.

The use of the word “pandat”, associated with the Brahmin community and also meaning a priest, with “ghooskhor”, a term for someone who accepts bribes, had led to objections against the film.

Bhuyan, in his separate judgement in the case, said that although no adjudication was strictly required once the title was withdrawn, it was necessary to restate “that freedom of speech and expression is sacrosanct and that the said right should not be ordinarily interfered with”.

Referring to the Preamble, he said fraternity is one of the Constitution’s foundational objectives and forms part of its guiding philosophy

Bhuyan also noted that every citizen has a fundamental duty to promote harmony and a spirit...

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