N. RADHAKRISHNAN @ RADHAKRISHNAN VARENICKAL versus UNION OF INDIA AND OTHERS
The Court held that banning literary works on speculative allegations would choke creativity and violate the constitutional guarantee of free speech and expression; no evidence was advanced to show that the content in 'Meesha' meets the litmus test for restrictions under Article 19(2). The petition was dismissed as being devoid of merit.
- Parties
- Petitioner: N. Radhakrishnan @ Radhakrishnan Varenickal; Respondents: Union of India and Others
- Jurisdiction
- India
- Judgment Date
- 05 September 2018
- Procedural Posture
- Writ Petition (civil) / Final Judgment
- Outcome
- writ petition dismissed
- Legal Topics
- Freedom of Speech and Expression, Reasonable Restrictions, Creative Freedom, Literary Censorship
Case Brief
Summary, issues, holding and outcome
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Parties
N. Radhakrishnan @ Radhakrishnan Varenickal
Petitioner
Union of India and Others
Respondents
Procedural Posture
Writ Petition (civil) / Final Judgment
Legal Issues
- 1 Whether the novel 'Meesha' should be banned for allegedly insulting and derogatory content towards temple going women and for its potential to disturb public order and decency under Article 19(2) of the Constitution of India
Ratio Decidendi
The Court held that banning literary works on speculative allegations would choke creativity and violate the constitutional guarantee of free speech and expression; no evidence was advanced to show that the content in 'Meesha' meets the litmus test for restrictions under Article 19(2). The petition was dismissed as being devoid of merit.
Court Disposition
writ petition dismissed
Orders
- writ petition dismissed
- no order as to costs
Full Case Text
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