Supreme Court of India · 2015-05-14
DEVIDAS RAMACHANDRA TULJAPURKAR vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2010/9585
- Court
- Supreme Court of India
- Petitioner
- DEVIDAS RAMACHANDRA TULJAPURKAR
- Respondent
- STATE OF MAHARASHTRA .
- Author
- Dipak Misra
- Bench
- PRAFULLA C. PANT DIPAK MISRA
Judgment text excerpt
The Supreme Court addressed whether the poem 'Gandhi Mala Bhetala' published in a private magazine could lead to charges under Section 292 IPC for obscenity. The Court emphasized the importance of freedom of expression under Article 19(1)(a) of the Constitution, asserting that poetic license should not be construed as a mere permissive license but as a fundamental right integral to human dignity. The Court held that the poem's context and the use of historical figures in artistic expression must be protected, thereby dismissing the charges against the author, publisher, and printer.