VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
cannot receive constitutional protection of free speech. While in
schools, offices, etc., students can be punished for uttering or using
profane speech, the authorities also need to regulate profanity which
enters into domain of indecent speech by a broadcast medium.
61.
The arguments of the petitioner that it will be unjust to term
the contents as obscene merely because the contents depict vulgar
language or that such sexual and vulgar content is no more unethical
or unaccepted social feature, but represents the present social trend,
does not find favour with this Court and the same is liable to be
rejected.
V.
62.
Morality and Legality: Role of Courts
The
web
series
does
deprave
the
morality
of
the
impressionable minds. Though it may be argued that the State cannot
prescribe morality and Court cannot indulge in moral policing in the
name of Indian values, this Court holds that when the self regulatory
bodies do not do their duty and allow such content to be served
indiscriminately to the people of all ages and the law does not define
or provide specific remedy, the people have to turn to the Courts
only.
63.
No doubt, the Courts cannot do moral policing nor do the
Courts ever want to. The jurisprudence of judicial restraint, however,
cannot remain separate from the civil social sciences and the orders
and judgments in different cases, different situations and situations
arising for the first time cannot be subject to straight jacket formula
CRL.M.C. 2214/2020 & connected matters
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