
The Supreme Court, in a significant ruling, reaffirmed the fundamental right to dissent, emphasizing that critique does not constitute an offense, crucial for the survival of democracy. Highlighting the importance of sensitizing law enforcement agencies about the constitutional right to freedom of speech, the court dismissed a case against an individual who had criticized the revocation of Article 370, which conferred special status upon Jammu and Kashmir.
Quoting Article 19(1)(a) of the Indian Constitution, the court underscored the citizen’s entitlement to express discontent with governmental decisions, emphasizing the need to educate the police force about democratic principles. Justices Abhay S Oka and Ujjal Bhuyan stressed the significance of comprehending the bounds of reasonable restraint on speech and promoting democratic values enshrined in the Constitution.
The case in question involved Javed Ahmed Hazam, a Kashmiri professor, who faced legal action for a WhatsApp status lamenting August 5 as a “Black Day” for Jammu and Kashmir and commemorating Pakistan’s Independence Day on August 14. The court dismissed the charges, interpreting the “Black Day” reference as an expression of protest and acknowledging the goodwill gesture of extending Independence Day wishes to Pakistan.
Moreover, the court emphasized that the assessment in such cases should focus on the impact of statements on reasonable individuals, rather than on hypersensitive individuals. Merely inciting animosity or ill will among certain individuals does not suffice to warrant penalization for promoting hostility between groups. The judges reiterated that legal recourse should be considered an integral aspect of the right to a dignified existence guaranteed by Article 21 of the Constitution.
However, the court also cautioned that dissent or opposition must align with the permissible methods within a democratic framework.