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
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