(1), it does not purport to explain any former law or declare what the law has always been. prurient or sexually precocious minds, must determine the result. The recognition of freedom of thought and expression cannot be pigeon-holed by a narrow tailored test. Only an obscurent will deny the need for such caution. Today our National and Regional Languages are strengthening themselves by new literary standards after a deadening period under the impact of English. 234, 248 (2002) [27] (2012) 1 Cal LJ 157 [28] Application No.

are matters for consideration in each individual case. [Emphasis supplied] Eventually, the Court opined:- 22. In other words, treating with sex in a manner offensive to public decency and morality (and these are the words of our Fundamental Law), judged of by our National standards and considered likely to pander to lascivious. Subramanium would submit that the free speech is a guaranteed human right and it is in fact a transcendental right. We are of the view that the amending Act of 1956 is not a declaratory Act, and except in the small matter of the expression 'shall continue to employ' in sub-s.

Then the court stated:- A number of considerations may here enter which it is not necessary to enumerate, but we must draw attention to one fact. 2, 2010 [26] [2002] USSC 1379; 535 U. It is urged that the Constitution of India is an impersonalised document and poetry which encourages fearlessness of expression, cannot be restricted because of use of name of a personality. The interests of the contemporary society and particularly the influence of the book etc.

on it must not be overlooked. 68354/2001, 25th January 2007 [29] See D. 2008 again requesting the Union of India, through the MoPNG and the MoF, to issue an appropriate clarification/amendment with respect o the two PSCs executed with the appellant. A remedial Act, on the contrary, is not necessarily retrospective; it may be either enlarging or restraining and it takes effect prospectively, unless it has retrospective affect by express terms or necessary intendment.

We need not attempt to bowdlerize all literature and thus rob speech and expression of freedom. Learned senior counsel has further submitted that freedom to offend is also a part of freedom of speech. Emulation by our writers of an obscene book under the aegis of this Court's determination is likely to pervert our entire literature because obscenity pays and true Art finds little popular support. It is an ordinary remedial piece of legislation which came into effect from January 14, 1957.

Commissioner of Income-tax, Bombay North, Kutch and Saurashtra, Ahmedabad, [1957] 32 I. Feldman, Human Dignity as a legal value. (5) Any such person shall, if so required by the owner perform in respect of the goods any of the services and for that purpose take charge of the goods and give a receipt in such form as the Board may specify. In the meanwhile, on 24. Such a treating with sex is offensive to modesty and decency but the extent of such appeal in a particular book etc.

California, [1973] USSC 190; 413 U. 569 and Commissioner of Income-tax v. For the period relating to the appeals before us, the amended section was not lawyers in Supreme Court force. This was followed by reminder dated 19. Part I, (1999) Public Law pp. As another author has pointed out, [l]a notion de dignité, indéfinie, est à l'évidence manipulable à 697: The notion of dignity can easily become a screen behind which paternalism or moralism are elevated above freedom in legal decision-making.

A balance should be maintained between freedom of speech and expression and public decency and morality but when the latter is substantially transgressed the former must give way. July 24, 2009) [24] 55 S. This consideration marches with all law and precedent and this subject and so considered we can only say that where obscenity and art are mixed, art must be so preponderating as to throw the obscenity into a shadow or the obscenity so trivial and insignificant that it can have no effect and may be overlooked.

In our opinion, the test to adopt in our country regard being had to our community mores) is that obscenity without a preponderating social purpose or profit cannot have the constitutional protection of free speech and expression and obscenity is treating with sex in a manner appealing to the carnal side of human nature, or having that tendency. 688; Vadilal Ichhachand v. 2007, the appellant required the Union of India, through the MoPNG and the MoF, to issue an appropriate clarification/amendment with respect to the two PSCs executed with the appellant, taking a stance that it was always the intention of the Union of India, at all stages, to give the benefits of Section 42 Deductions of the Income Tax Act, read with Article 16 of the MPSC, to all the entities who had entered into PSCs with it, including the appellant with the plea that the non-inclusion of this provision in the two PSCs signed with the appellant was a clerical error/oversight.

The principle pertaining to the freedom of speech has to be interpreted on an extremely broad canvas and under no circumstances, any historical personality can cause an impediment in the same.