Free Speech And Obscenity: The Legal Dilemma In India
- IJLLR Journal
- Apr 19
- 1 min read
Anuj Mishra, School of Law, Devi Ahilya Vishwavidyalaya
ABSTRACT
The democracy is built on the principles of free speech and expression. This enables individuals to put forward their view and provide constructive criticism on the government. However, this right is not absolute in India, given under Article 19 of constitution also enables state to restrict rights relating to free speech particularly concerning decency and morality. The obscene content poses a huge problem of determination and create complex problems sometimes limiting artistic expression. This paper explores the nuanced conflict between freedom of speech and the regulation of obscenity, highlighting the legal, constitutional, and judicial dimensions of this dilemma by studying the evolution of judicial standards. The paper attempts to study the efforts of courts in attempting to balance artistic expression and censorship. Through doctrinal analysis and jurisprudential insights, the paper argues for a more coherent and adaptive legal framework that upholds democratic values without succumbing to arbitrary censorship.
