Article 2: Stifling ideas
Why in news: The Uttar Pradesh government ordered an FIR against a film’s makers over its title, reviving debate on free speech, criminalisation of expression, and the constitutional limits of executive power in regulating art.
Key Details
- Uttar Pradesh CM Yogi Adityanath ordered filing of an FIR against the makers of a film over its title Ghooskhor Pandat.
- The title was alleged to hurt religious or caste sentiments and disturb social harmony.
- The producer withdrew promotional material following the threat of criminal action.
- A matter of artistic expression was quickly turned into a law-and-order issue.
- Article 19(1)(a) protects free speech, even when it is offensive or unpopular.
- Restrictions under Article 19(2) must be specific, proportionate, and justified.
- Courts distinguish offensive speech from speech inciting violence or disorder.
- Using criminal law to curb expression creates a chilling effect on art and debate.
- Past instances show a pattern of executive restrictions on films and documentaries.
- The state is expected to ensure public order without suppressing free expression.
Trigger for Controversy
- Uttar Pradesh Chief Minister Yogi Adityanath directed filing an FIR against the makers of a film over its title Ghooskhor Pandat.
- He alleged the title disrupts social harmony and hurts religious or caste sentiments.
- The producer removed promotional material, showing how quickly criminal process compelled compliance.
From Expression to Policing
- What began as a speech dispute was swiftly converted into a law-and-order issue.
- Executive threat of criminal law, even before judicial scrutiny, signalled intolerance of dissenting expression.
- The FIR acted as a coercive warning, not a reasoned legal response.
Constitutional Protection of Speech
- Article 19(1)(a) protects speech precisely because it may be unwelcome or offensive to powerful groups.
- Article 19(2) permits restrictions only on specific grounds and requires proportionality.
- Courts have clearly distinguished offensive speech from speech inciting violence or disorder.
Pattern of State Restrictions on Art
- Visual arts have increasingly faced executive censorship.
- Examples include bans or removals of The Kerala Story (2023), India: The Modi Question, Kaum De Heere, India’s Daughter, Padmaavat, and recent documentaries in 2024.
- Many actions were taken without prior judicial findings.
Problems with ‘Hurt Sentiments’ Standard
- In a diverse society, claims of being hurt are subjective and limitless.
- Sentiments alone are an unreliable basis for criminal prosecution.
Chilling Effect on Free Expression
- When creators self-censor to avoid trouble, public access to art is lost.
- Courts lose opportunities to clarify legal standards, and society loses democratic responses like debate, satire, or boycott.
- Over time, the marketplace of ideas weakens.
Proper Constitutional Approach
- The state bears the burden to examine speech carefully and specifically.
- If unlawfulness is alleged, the remedy lies in judicial review, not executive fiat.
- Authorities must adopt the least restrictive measure, with recorded reasons.
Role of the State
- It is the Chief Minister’s duty to maintain public order while protecting expression.
- Curtailing speech to preserve order undermines the constitutional balance between authority and liberty.
Conclusion
The episode highlights a growing tendency to criminalise dissenting expression, undermining Article 19(1)(a)protections. By bypassing judicial scrutiny and invoking executive coercion, the state risks creating a chilling effect on art and debate. Upholding constitutional proportionality and relying on courts rather than policing are essential to balance public order with freedom of expression.
EXPECTED DQUESTION FOR PRELIMS:
Which of the following statements are correct in respect of Article 19 of the Constitution of India?
- Article 19 guarantees six fundamental freedoms to all citizens of India.
- Reasonable restrictions on these freedoms can be imposed by the State.
- Foreign nationals are also entitled to the freedoms under Article 19.
Select the answer using the code given below:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: a