In Imran Pratapgadhi vs. State of Gujarat, Court underscored the importance of protecting the freedom of speech and expression and reminded authorities of their duty to uphold the rights of persons expressing unpopular opinions.
- Judgement came in response to an FIR filed against Rajya Sabha MP Imran Pratapgadh, alleging that the content incited enmity between communities (under Section 153A of IPC).
- The court found that Section 153A requires deliberate intent to promote hatred between communities.
- Under the Bharatiya Nyaya Sanhita (2023), Section 196 penalizes actions or speech that incite hatred or disharmony between different groups based on religion, race, language, or region, to maintain peace.
Constitutional provision w.r.t. Freedom of speech
- Article 19(1)(a) of the Constitution of India guarantees the right to freedom of speech and expression to all citizens. This right includes:
- Expressing opinions and ideas freely.
- The right to receive and impart information.
- Freedom of the press.
- Right to criticize the government and public figures.
- However, reasonable restrictions under Article 19(2) can be imposed on grounds of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
Important Judicial Pronouncements
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