ABSTRACT
Justice Krishna Iyer in Raj Kapoor and others v. State and Others (1980 AIR 258) stated,
This chapter analyses the socio-legal debates surrounding laws related to censorship and the entrenched constitutional right to freedom of speech and expression as guaranteed by Article 19(1)(a) of the Indian Constitution. The State intervention in a medium that has a huge impact on the population need to be explored to elucidate the effectiveness of its role in building a balance between freedom of speech and expression and cultural protectionism.
Further, this chapter brings to fore the possible failure of the Indian judiciary to appreciate the differing implications of the Tests of Obscenity to the society.
