SC quashes plea to ban Malayalam novel ‘Meesha’: imagination of writer has to enjoy freedom

Rejecting the demand for the ban, CJI Misra, who authored the judgment, said, “We do not live in a totalitarian regime but a democratic nation that permits free exchange of ideas and liberty of thought and expression.”  Petitioner N Radhakrishnan had intially demanded a ban on the book by novelist S Hareesh. Subsequently, he requested that the “objectionable” portions be removed.

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On the contention that contents of the book were obscene and derogatory to women, the judgment said, “The language used in the dialogue cannot remotely be thought of as obscene.”

The novel was serialised in Malayalam magazine Mathrubhumi which withdrew it following protests. During the hearing, the court had asked Mathrubhumi to supply it with an english translation of the contentious portions.
CJI Misra, who went into contents of the book said, “The character of Meesha as has been projected shows the myriad experiences with different situations. The situations, as we find, can be perceived as certain sub­plots which evolved around the fundamental characteristics of the protagonist. The theory of consistency of character as adopted by certain writers seems to have been maintained in the narrative… All these, we say, can be from one reader’s point of view. To another reader, it may seem that the sub­plots have been enthusiastically contrived to bring in tempting situations to draw the protagonist in and to exposit chain reactions. Appreciated from either point of view, it cannot be denied that it is a manifestation of creativity.”

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The bench said, “If books are banned on such allegations, there can be no creativity. Such interference by constitutional courts will cause the death of art. True it is, the freedom enjoyed by an author is not absolute, but before imposition of any restriction, the duty of the Court is to see whether there is really something that comes within the ambit and sweep of Article 19(2) of the Constitution.”

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It also said the reader should have the sensibility to understand the situation and appreciate the character and not draw the conclusion that everything that is written is in bad taste and deliberately done to pollute young minds. “On the contrary, he/she should elevate himself/herself as a co­walker with the author as if there is social link and intellectual connect.”

Speaking of literary freedom, the bench said, “It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition.”  Both the Centre and the Kerala government had opposed the petition saying free speech should not be curtailed.