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Holding that the right to free speech is not an absolute one, the Supreme Court on Thursday said that poetic licence does not mean anyone putting obscene words in the mouth of nationally-revered figures like Mahatma Gandhi.
A bench of Justices Dipak Mishra and Prafulla C Pant refused to quash criminal charges against an author for penning a “vulgar” and “obscene” poem on Gandhi in 1994.
When the name of Mahatma Gandhi is alluded or used as a symbol while speaking or using obscene words, the test of “contemporary community standards” of what is vulgar and obscene language becomes applicable with more vigour, the bench said.
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