VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
and be condemned as moral policing.
64.
The use of profanity is also a moral issue and the society has to
deal with it by its own means too. However, when the content is
shown through social media, the sheer enormous power of electronic
media and its reach to people of all ages will certainly invite
attention of the Court, law enforcement and law making authorities
to regulate it. One cannot lean in favour of unrestricted, unfettered
freedom of profane, indecent and obscene speech and expression by
way of web series without classification of the same.
65.
Every language has its linguistic history and people who speak
the said language attach pride with it. Only because a group of
persons, due to every individual’s choice, use foul language and
excessive expletives in the original language, as in the present case
Hindi, it cannot be said that with time, the language has lost its
originality or civility and has adopted the profanity and obscenity as
its core content. There is no denying even by this Court, as by all
other Courts, that the language one chooses to speak is individualistic
choice. The word ‘individualistic’, has individual at its heart.
Therefore, primarily, it is the individual concern that will decide and
make a choice what one wants to speak, whether foul or profane
language full of expletives or not. However, this individualistic
choice cannot be imposed on the majority of people, who due to their
age, cannot make best choices or decisions. The individualistic
choice which is not the choice of the majority of people of this
country cannot be portrayed as choice of that majority and to be
broadcasted on the ground or assumption that youth of this country
CRL.M.C. 2214/2020 & connected matters
Page 32 of 41
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