The Supreme Court on Wednesday dismissed a plea seeking to ban a book for allegedly depicting Hindu women visiting temples in a derogatory manner, saying "creative voices cannot be stifled or silenced" as democracy permits free exchange of ideas unlike a totalitarian regime.
A bench headed by Chief Justice Dipak Misra refused to ban any further publication and circulation of novel 'Meesha' and said it was "perilous" to obstruct free speech, expression, creativity and imagination as it led to intellectual repression of literary freedom.
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said, "A writer should have free play with words, like a painter has with colours. The passion of imagination cannot be directed. True it is, the final publication must not run counter to law, but the application of the rigours of law has to also remain alive to the various aspects that have been accepted by the authorities of the Court.
"The craftsmanship of a writer deserves respect by acceptation of the concept of objective perceptibility."
Justice Misra, who wrote the 30-page verdict, said "we are not living in a totalitarian regime but in a democratic nation which permits free exchange of ideas and liberty of thought and expression."
"When we say so, we are absolutely alive to the fact that the said right is not absolute but any restriction imposed thereon has to be extremely narrow and within the reasonable parameters as delineated by Article 19(2) of the Constitution," the bench said, adding that, "creative writing is contrary to intellectual cowardice and intellectual pusillanimity."
The top court said if books were banned on such allegations, there can be no creativity and such interference by constitutional courts will cause "the death of art."
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