VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
41.
In the name of individual freedom, such language cannot be
permitted to be served to the general public and be represented to the
world at large as if this is the language that this country and youth in
educational institutions speaks. Holding so, will amount to a
dangerous trend and will be against public interest. The
individualistic choices, essentially in case they are of using such
language, which remain in individualistic domain will not attract
criminality and will not infringe the said person’s individual
freedom. However, in the name of individual freedom, neither such
language can be permitted to be served to all without classification
and be represented to the world at large as the spoken language of
this country, nor it can be permitted that the youth of this country be
told that this language is the latest accepted normal behavior.
42.
Sexual explicitness depends from case to case and the content
being judged in light of the audience it caters to. The petition before
this Court essentially highlighted a significant concern due to
increase in easy proliferation and easy access to such language by
impressionable minds. This Court notes, after hearing the content of
the web series, that the concern of the complainant was not devoid of
merit. While balancing observations with the fundamental rights
prescribed under the Constitution of India, the obscenity depicted in
the web series has no cogent justification in the name of being the
new language of the youth and accepted by the masses. The approach
of this Court for applying the test of a common man and how the
content will affect him and what his reaction will be, has to be in the
Indian context as the Indian morality and values can only be judged
CRL.M.C. 2214/2020 & connected matters
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