Recalibrating The Contours Of Dignity: A Constitutional Tightrope On When Article 19 Must Yield To Article 21
- IJLLR Journal
- Aug 23
- 1 min read
Naziya Rashid, School of Law, University of Kashmir
Isbah Qureshi, School of Law, University of Kashmir
''Justice is the soul of the Constitution and dignity is its beating heart.'' - Dr. B.R. Ambedkar
ABSTRACT
The Indian Constitution protects the right to free expression under article 19 , whereas Article 21 protects the right to life and personal freedom and dignity. However, when the use of free speech collides with each other , the conflict between these rights becomes apparent. This essay examines the delicate constitutional balance between these two essential rights, highlighting the growing recognition by the apex court that the right to life is inextricably linked to the protection of human dignity. In the July 2025 case M/S CURE SMA FOUNDATION OF INDIA VS. UOI AND ORS., the Court firmly said that Article 21 must take precedence over Article 19 and challenged influencers and stand-up comedians who were accused of making fun of people with disabilities. This historic statement marks a redrawing of the constitutional balance between the preservation of human dignity and the right to free speech. The research illustrates the developing jurisprudence that places dignity above unrestricted speech when the two conflict by critically analyzing significant court rulings. It makes the fact apparent that in a world of digitalization and online performance, a sharp divide between Article 21 and Article 19 is utmost required to be readjusted. Thereby encouraging a sense of responsible freedom of expression.
Keywords: Free Speech, Constitutional Ethics, Human Dignity, Article 19, Judicial Balancing Digital expression
