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

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