VERDICTUM.IN NEUTRAL CITATION NO. 2023/DHC/001676 79. This Court by way of this judgment is not creating any new law, rather in the present situation, the Court wants to ensure that by way of rigorous process of legal reasoning and having regard to written provisions of available laws, case laws and societal affirmed values, it is able to point out the wrong doers and bring them within the ambit of law. This is not law making in the legislative sense, but essentially legitimate judicial work for which this Court is bound by its solemn oath to the Constitution of India. Even if a judgment triggers a debate in the society about an issue at the heart of a societal problem, it will serve the ends of justice i.e. the ultimate goal of a judge. 80. This Court is not confusing morality with legality, however, holds that as a constitutional court, it has to ensure its role of being answerable to its judicial conscience which is not confused with personal conscience, but is founded on its commitment to the oath of upholding the rule of law and it makes it its guide in difficult decisions, thus, not abdicating its responsibility to ensure rule of law. D. 81. CONCLUSION The task of the Court in this case has been tough as it had to strike a delicate balance between free speech and freedom of expression and transmitting to all without classification the content which is obscene, profane, lascivious, sexually explicit in spoken language as it conjures with the words ‘sexually explicit acts’. Words and languages are very powerful medium and needless to say, words have the power to paint and draw a picture at the same time. They are CRL.M.C. 2214/2020 & connected matters Page 39 of 41

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