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The High Court of Judicature at Madras, in one of it's Orders on 09 July 2019, has stated the following, concerning criminality in communication, while exercising the freedom of speech. The court has observed that, the manner in which something is said or done is more important than what was actually said or done. "If the words spoken or written are couched in temperate, dignified, and mild language, and do not have the tendency to insult the feelings or the deepest religious convictions of any section of the people, penal consequences do not follow." the court held.
Further, with reference to the Supreme Court, the court observed that, a mere inciting of "feeling of one community or group without any reference to any other community or group cannot attract either of the two sections, viz., Section 153~A and Section 505 of the IPC.
Placing reliance over intentions than to an act, and on the wholeness of a book than to a few isolated passages, the court observed that, "the effect of the words must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view." Here is an interesting reference to a phrase "Clapham omnibus" in English law, which has been reviewed by the UK Supreme Court. Ref: https://en.m.wikipedia.org/wiki/The_man_on_the_Clapham_omnibus
The court in it's order, further states the following, with regard to what is freedom in Free speech and what is not, thus:
"It is true that free speech is the foundation of a democratic Society. A free exchange of ideas, dissemination of information, without restraints, dissemination of knowledge, airing of different view points, debating and forming one-s own views and expressing them, are the basic ideas of a free Society. This freedom alone makes it possible for people to formulate their own views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner. Restraints on this right have been jealously watched by Courts. However, Constitution itself prescribes for restrictions of the freedom of speech and expression under Article 19(2). It enables the legislature to impose restrictions upon the freedom of speech and expression on eight grounds. Some of the important grounds are sovereignty and integrity of India, public order, decency and incitement to an offence.'
"Any speech which disrespects another citizen, on grounds of religion, race, place of birth, residence, language, caste or community is," the court warns "forbidden and becomes punishable under Indian Penal Code and various other laws."
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The High Court of Judicature at Madras, in one of it's Orders on 09 July 2019, has stated the following, concerning criminality in communication, while exercising the freedom of speech. The court has observed that, the manner in which something is said or done is more important than what was actually said or done. "If the words spoken or written are couched in temperate, dignified, and mild language, and do not have the tendency to insult the feelings or the deepest religious convictions of any section of the people, penal consequences do not follow." the court held.
Further, with reference to the Supreme Court, the court observed that, a mere inciting of "feeling of one community or group without any reference to any other community or group cannot attract either of the two sections, viz., Section 153~A and Section 505 of the IPC.
Placing reliance over intentions than to an act, and on the wholeness of a book than to a few isolated passages, the court observed that, "the effect of the words must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view." Here is an interesting reference to a phrase "Clapham omnibus" in English law, which has been reviewed by the UK Supreme Court. Ref: https://en.m.wikipedia.org/wiki/The_man_on_the_Clapham_omnibus
The court in it's order, further states the following, with regard to what is freedom in Free speech and what is not, thus:
"It is true that free speech is the foundation of a democratic Society. A free exchange of ideas, dissemination of information, without restraints, dissemination of knowledge, airing of different view points, debating and forming one-s own views and expressing them, are the basic ideas of a free Society. This freedom alone makes it possible for people to formulate their own views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner. Restraints on this right have been jealously watched by Courts. However, Constitution itself prescribes for restrictions of the freedom of speech and expression under Article 19(2). It enables the legislature to impose restrictions upon the freedom of speech and expression on eight grounds. Some of the important grounds are sovereignty and integrity of India, public order, decency and incitement to an offence.'
"Any speech which disrespects another citizen, on grounds of religion, race, place of birth, residence, language, caste or community is," the court warns "forbidden and becomes punishable under Indian Penal Code and various other laws."
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