Freedom of Artistic Expression in India

The Karnataka government has issued a temporary ban on the screening of the Hindi movie to prevent religious discord and maintain communal harmony.

Freedom of Artistic Expression in India:

Constitutional Guarantees:

• India’s Constitution secures the freedom of speech and expression under Article 19(1)(a), which includes artistic freedoms.
• This right is balanced with reasonable limits for public order, decency, or morality as outlined in Article 19(2).

Global Commitments:

• As a participant in international frameworks like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), India supports global norms for expression and opinion freedom.

Supreme Court Observations in the Rangarajan Case:

• Films blend visual and auditory elements, offering a potent sensory experience that can significantly influence viewers’ emotions and perceptions.
• The immersive environment of a dark movie theatre focuses attention intensively on the film, enhancing its impact.
• Due to their emotional and psychological influence, films undergo prior censorship to ensure they do not disrupt public order, offend moral values, or harm societal norms.
• The Supreme Court recognizes the unique influence of films and upholds the necessity for specific regulatory measures to maintain a balance between artistic freedom and public interest.

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