Supreme Court judge reminds state, non-state actors that art, cinema cannot be used to vilify communities

Supreme Court emphasizes that art and cinema should not vilify communities, upholding freedom of expression against threats and intimidation.

Supreme Court judge, Justice Ujjal Bhuyan, held the mirror to divisive forces within society that have weaponised visual arts, speeches, memes, cartoons to “vilify and denigrate” entire communities.

“It is constitutionally impermissible for anybody, be it the state or non-state actors, through any medium, such as, speeches, memes, cartoons, visual arts, etc., to vilify and denigrate any community. It will be violative of the Constitution to target any particular community on the basis of religion, language, caste or region by whosoever he or she may be,” Justice Bhuyan wrote.

The judge said the spirit of fraternity has to be kept alive especially by public figures holding high Constitutional offices. They have, after all, the judge reminded, taken the “solemn oath to uphold the Constitution”.

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Justice Bhuyan further referred to the use of threat of violence and intimidation to stop exhibition of Censor Board-certified films, saying these actions, if not checked, would lead to anarchy and cripple the right to freedom of speech and expression.

Justice Bhuyan’s opinion, published on Wednesday (February 25, 2026), is part of a judicial order of February 19 pronounced by a Bench of Justice B.V. Nagarathna and himself in a petition filed by Atul Mishra, National Organisation Secretary of the Brahman Samaj of India, seeking directions to stay the release of the movie ‘Ghooskhor Pandat’ on Netflix. The petitioners had found the title offensive. The filmmaker had capitulated, withdrawing the name. The court had commented about the fragility of sensibilities nowadays.