Title: Freedom of artistic expression in the ambit of Article 19, with special reference to communal disharmony

Authors: Letishiya Chaturvedi; Poorna Dixit

Addresses: Kirit P. Mehta School of Law, NMIMS, Mumbai, 111/454, Bramha Nagar, Kanpur, 208012, Uttar Pradesh, India ' Rizvi Law College, Mumbai, 117/H-1/338, Model Town, Pandu Nagar, Kanpur, 208005, Uttar Pradesh, India

Abstract: This paper focuses on the escalating disapproval that various governmental and non-governmental personalities and organisations have been showing towards the presentation of unconventional opinions and works. The garb of 'hurting religious sentiments' is being excessively used against the freedom of artistic expression, and the right of every individual in the country is being violated. Indian social fabric of multiculturalism, and the constitutional tool of secularism to uphold it, has also been tapped into. The journey of the Indian Courts from holding a liberal stance to being very rigid has also been covered under the judicial analysis, and the growing infringement of this fundamental right has been noted. The paper finally suggests that fundamentalist groups need to be tamed and the authorities need to acknowledge that artists cannot be deprived of primarily their cardinal right of expression and secondarily, their right to livelihood arising from the creation of their art.

Keywords: unconventional; freedom; artistic expression; multiculturalism; secularism; liberal stance; fundamentalist group; cardinal right; right to livelihood.

DOI: 10.1504/IJHRCS.2022.119448

International Journal of Human Rights and Constitutional Studies, 2022 Vol.9 No.1, pp.18 - 30

Received: 14 Mar 2021
Accepted: 24 Mar 2021
Published online: 05 Dec 2021 *

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