Right to dignity will trump Right to Freedom of Speech and Expression: SC

The Supreme Court on Tuesday verbally observed that Article 21 of the Constitution, which provides right to life and liberty that includes right to dignity, will "trump" Article 19 that provides freedom of speech and expression.

A bench of justices Surya Kant and Joymalya Bagchi observed this during the resumed hearing of a clutch of pleas alleging that stand-up comedians have made insensitive jokes mocking persons with disabilities.

As ordered by SC at the last hearing, five comedians including Samay Raina and Vipul Goyal were present in the court. Speaking for the bench, justice Kant verbally remarked "individual misconducts, which are under scrutiny, will continue to be examined". He added that the right to dignity also emanates from Article 21.


"Suppose a race takes place between Article 19 and 21, Article 21 has to trump Article 19," justice Kant orally remarked. The court said that the proposed mechanism for regulation of online content must conform to the constitutional principles. The bench further said that the court will lay down guidelines in this regard.