Freedom of speech: SC refuses to ban Dalit writer Kancha Ilaiah book

NEW DELHI: The Supreme Court has refused to ban controversial book `Samajika Smugglurlu Komatollu' written by prominent Dalit thinker and writer Kancha Ilaiah saying that the author's fundamental right of freedom of speech and expression should not be unnecessarily curbed.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud dismissed a PIL filed by a lawyer seeking its direction to the government to ban publication and circulation of the book.

Petitioner K V Veeranjaneyulu, who is also a member of Delhi-based Arya Vy syas Officials and Professional Association, alleged that the writer had made baseless allegations against certain castes in his book and tried to divide the society on caste lines. He also pleaded the court to ban certain chapters of his book `Post-Hindu India'.He said a criminal case had also been registered against him in Andhra Pradesh for hurting sentiments of people belonging to certain castes and urged the court to ban the controversial book.

"Kancha Ilaiah says in his book that Arya Vysyas Baniyas disliked backward communities, Scheduled Casts and Scheduled Tribes.They are engaged only in business and they are only money-making communities by illegal ways, they bribe government officials, they encourage corruption and hide the monies under the earth without paying taxes from ancient times," the petitioner said.

The bench, however, rejected his plea and said, "Suffice it to say that when an author writes a book, it is his or her right of expression. We do not think that it would be appropriate under Article 32 of the Constitution of India that this court should ban the bookbooks."

"Any request for banning a book of the present nature has to be strictly scrutinised because every author or writer has a fundamental right to speak out ideas freely and express thoughts adequately .Curtailment of an individual writerauthor's right to freedom of speech and expression should never be lightly viewed. Keeping in view the sanctity of the said right and also bearing in mind that the same has been put on the highest pedestal by this court, we decline the ambitious prayer made by the petitioner," the bench said.