A Critical Study On Decency And Morality As An Exception To Free Speech
Rahul Parekh, BBA LLB, SVKM, NMIMS, Kirit P. Mehta School of Law
"I disapprove of what you say, but I will defend to the death your right to say it"- Evelyn B. Hall.
Freedom of speech and expression is a sacrosanct law that needs to be protected at all costs. However, it is important to understand that the freedom provided under the Constitution is not absolute. The Constitution has provided for reasonable restriction to free speech. One such reasonable restriction is decency and morality. However, the concept of decency and morality is subjective in nature, with its boundaries being different for different people. With evolving society, what can be held as immoral or indecent has also seen much change. However, the debate regarding the need for such a caveat on free speech continues to persist. Therefore, it is important to critically examine the law relating to decency and morality, and the various judgements passed by the Courts on censoring free speech.