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Showing contexts for: decency in Lakshmi Ganesh Films And Ors. vs Government Of A.P. And Ors. on 21 June, 2006Matching Fragments
14. The challenge to the impugned notification is required to be considered in the context of the scope and spectrum of the constitutional guarantee (to the freedom of speech and expression) against State regulation, within the framework of the Constitution.
15. Article 19(1)(a) provides that all citizens shall have the right to freedom of speech and expression. Article 19(2) reads:
Nothing in sub-clause (a) of Clause (1) shall affect the operation of any existing law, or prevent the State from making any law, insofar as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of (the sovereignty and integrity of India), the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of Court, defamation or incitement to an offence.
A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate the film or any part of it is against the interests of (the sovereignty and integrity of India) the security of the State, friendly relations with foreign State, public order, decency or morality or involves defamation or contempt of Court or is likely to incite the commission of any offence.
17. Under Section 13 of the 1952 Act, the Central Government or a local authority is empowered to suspend exhibition of films in certain cases. The provision reads as under:
52. In the case on hand the impugned notification records potential "breach of peace" as the justification for the prior restraint - the suspension of screening of the film. The asserted potential threat is not on the ground that the content of the film is sexually explicit, obscene or pornographic. In the context of the permissible area of regulation under Article 19(2), it is not the case of the State that the film in any manner pejoratively impacts either the sovereignty and integrity of India, decency or morality, or constitutes contempt of Court, defamation or incitement to offence.
53. Presumptively the "breach of peace" justification under Section 8 of the 1955 Act, is presented by the State as falling within the expression "public order" in Article 19(2). Offending the sensibilities of those believing in or professing belief in Christianity as represented by a few individuals and organizations, is the State's justification for the impugned action.
54. All categories of speech and expression do not enjoy the same value and degree of protection in the context of Article 19(1)(a). Speech and expression impacting privacy rights, commercial speech, speech allegedly diminutive of the right to free trial, contumacious speech, speech in conflict with decency or morality or one constituting defamation or incitement to offence, particularly where the potential or assumed defamation is in relation to a person who is not in public office, are perhaps expressional categories which enjoy less than full measure of constitutional protection. Speech which clearly and proximally incites hatred and disaffection of even tolerant members of a sub-culture within a civil society might also be a category of speech falling within the above package i.e., enjoying less than full constitutional protection.