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september 2018

Supreme Court of India · 2018-09-05

N RADHAKRISHNAN @ RADHAKRISHNAN VARENICKAL vs UNION OF INDIA

Citation / case number
SC 2018/27877
Court
Supreme Court of India
Petitioner
N RADHAKRISHNAN @ RADHAKRISHNAN VARENICKAL
Respondent
UNION OF INDIA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court emphasized the paramount importance of freedom of expression under Article 19(1)(a) of the Constitution, asserting that authors have the right to express themselves creatively unless restricted by constitutionally valid laws. The Court held that banning a book on the grounds of indecency or offending sentiments is a serious infringement on this freedom, which must be protected and fostered in a civilized society. The judgment reinforces the principle that creativity should not be curtailed without substantial justification.

N RADHAKRISHNAN @ RADHAKRISHNAN VARENICKAL vs UNION OF INDIA · Niyam