{"id":201374,"date":"2018-09-05T21:44:07","date_gmt":"2018-09-05T16:14:07","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=201374"},"modified":"2019-05-23T15:33:38","modified_gmt":"2019-05-23T10:03:38","slug":"ban-on-novel-meeshasubjective-perception-of-a-book-cannot-be-allowed-to-enter-legal-arena-for-censorship-petition-for-ban-dismissed-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2018\/09\/05\/ban-on-novel-meeshasubjective-perception-of-a-book-cannot-be-allowed-to-enter-legal-arena-for-censorship-petition-for-ban-dismissed-sc\/","title":{"rendered":"Ban on novel ‘Meesha’| Subjective perception of a book cannot be allowed to enter legal arena for censorship; petition for ban dismissed: SC"},"content":{"rendered":"

\u201cEverything you can imagine is real\u201d<\/em><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0-Pablo Picasso<\/strong><\/p>\n

\u201cA writer or an author, while choosing a mode of expression, be it a novel or a novella, an epic or an anthology of poems, a play or a playlet, a short story or a long one, an essay or a statement of description or, for that matter, some other form, has the right to exercise his liberty to the fullest unless it falls foul to any prescribed law that is constitutionally valid.\u201d<\/em><\/strong><\/p>\n

-Dipak Misra, C.J<\/strong><\/p>\n

Supreme Court: <\/strong>The Bench comprising of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ. dealt with the issue of creativity and its impact while considering a writ petition filed under Article 32 of the Constitution of India seeking to ban a novel on the foundation that a part of it is indecent and offends the sentiments of temple going women. The petition was dismissed by the Court observing that nurturing the contention behind it would be to pyramiding a superstructure without the infrastructure.<\/em><\/p>\n

The petition sought to ban the novel Meesha<\/em><\/strong>, parts of which were published in the popular Malayalam weekly Mathrubhumi. <\/em>It was averred that the said literary work was insulting and derogatory to temple going women and it hurts the sentiments of a particular community. It was submitted that the writings published in Mathrubhumi<\/em> had a tendency to propel the general public to view women community as mere sexual objects, which in turn denies the women their fundamental rights and also jeopardize their safety and well-being. Further, the publication had proclivity to disturb public order, decency and morality and it defames the women community, all of which entitles the State to put reasonable restrictions <\/em>under Article 19(2).<\/p>\n

Here it is pertinent to refer and quote the relevant dialogue from the novel that impelled the petitioner to move the Court:<\/p>\n

\u201cWhy do these girls take bath and put on their best when they go to the temple?\u201d ,<\/p>\n

a friend\u2026once asked.<\/p>\n

\u201cTo pray\u201d, I said<\/p>\n

\u201cNo\u201d, he said.\u201d\u2026why do they need to put their best clothes in the most beautiful way to pray? They are unconsciously proclaiming that they are ready to enter into sex. \u2026Otherwise\u2026 why do they not come to the temple four or five days a month? They are letting people know that they are not ready for it. \u2026\u201d<\/p>\n

The Supreme Court, for deciding the present petition, perused the entire central theme of Meesha.<\/em> The primary issue for consideration was whether the novel was an aberration of such magnitude which invited imposition of reasonable restrictions under Article 19(2)? In view of the Court, the answer to the consideration was categorically in negative. The Court, speaking through CJ Dipak Misra, made various observations, few of which are delineated hereinafter:<\/p>\n