In Atul Mishra v. Union of India (2026), the Supreme Court (SC) dealt with a writ petition challenging the title of a proposed film, on the ground that it allegedly stereotyped against a particular community.
About the Judgement
- Protection of community dignity through the value of fraternity:
- SC reaffirmed that vilifying any community on the basis of caste, religion, language or region is constitutionally impermissible.
- SC held that fraternity is essential for sustaining liberty and equality in a democracy.
- During Constituent Assembly debates, Dr. BR Ambedkar posited that liberty, equality, and fraternity form a "union of trinity." To divorce one from the other is to defeat the very purpose of democracy.
- Freedom of artistic and expressive speech under Article 19(1)(a):
- The court recognised the right of filmmakers and artists to express their ideas through creative mediums.
- However, this right is subject to reasonable restrictions under Article 19(2) but they must be based on necessity and not on mere convenience or public sentiment.
Related Constitutional Provisions
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