VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
IV.
51.
Linguistic Morality, Obscenity and Vulgarity
Criminal law is based on moral conception of right and wrong.
While this Court is not suggesting that Court should inhibit the
celebration of freedom of expression, it cannot but observe that in the
present case, in the name of freedom of expression and changing
linguistic preferences of the youth, the overwhelming motive is
economic profit and, therefore, restrictions are justified in such cases
and infringements need to be punished. While this Court remains
aware that the courts cannot ensure by way of orders, nor there can
be any scheme by way of which a perfect society of perfect
individuals be brought about, however, the scheme of the law and
rules have to be appropriately tailored to ensure that without there
being infringement of fundamental rights, there is no degrading and
depravity caused by use of unhindered obscenity, profanity and foul
language in free for all social media platforms.
52.
The use of obscenities in the web series in the form of foul
language degrades women so that they may feel victims as the
expletives and obscenities refer to women being objects of sex and
referring to their genitalia. The obscenity may not be limited, thus, to
the sexual acts prohibited but also to the representation and content
in the spoken language in the electronic transmission. The obscenity
in the web series and the fact that it is available to the public at large
is sufficient to warrant criminal prohibition. The element of
representation and the power of suggestion of a foul and obscene
language spoken definitely has power to cause harm and depravity to
CRL.M.C. 2214/2020 & connected matters
Page 27 of 41
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos