‘human dignity’ under the Constitution of India vis-à-vis the right to freedom of speech and expression

The inalienability of ‘human dignity’ under the Constitution of India vis-à-vis the right to freedom of speech and expression: 22. In Charu Khurana vs. Union of India, (2015) 1 SCC 192 (“Charu Khurana”), this Court declared that dignity is the quintessential quality of personality and a basic constituent of the rights guaranteed and protected under Article 21. Dignity is a part of the individual rights that form the fundamental fulcrum of collective harmony and interest of a society. That while the right to speech and expression is absolutely sacrosanct, dignity as a part of Article 21 has its own significance. That dignity of an individual cannot be overridden and blotched by malice and vile and venal attacks to tarnish and destroy 59 the reputation of another by stating that the same curbs and puts unreasonable restriction on the freedom of speech and expression. Further, in In Re. Noise Pollution (V), (2005) 5 SCC 733 it was observed that Article 19(1)(a) cannot be cited as a justification for defeating the fundamental right guaranteed by Article 21. That a person speaking cannot violate the rights of others to enjoy a peaceful, comfortable and (noise) pollution free environment, guaranteed by Article 21. Having regard to the unequivocal declaration of this Court, to the effect that Article 21 could not be sacrificed at the altar of securing the widest amplitude of free speech rights, this premise can serve as a theoretical justification for prescribing restraints on derogatory and disparaging speech. Human dignity, being a primary element under the protective umbrella of Article 21, cannot be negatively altered on account of derogatory speech, which marks out persons as unequal and vilifies them leading to indignity.