Professional Documents
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“Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the
State from making any law, in so far as such law imposes reasonable restrictions on the exercise of
the right conferred by the said sub-clause in the interests of 4 [the sovereignty and integrity of
India,] the security of the State, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of court, defamation or incitement to an offence.
In Ramesh Prabhoo1, The Supreme Court has given somewhat wider meaning to the term
‘decency’ and ‘morality’. The court has maintained that ‘decency’ or ‘morality’ is not
confined to sexual morality alone. The ordinary dictionary meaning of ‘decency’ indicates
that the action must be in conformity with the current standards of behaviour and propriety.
The court has cited with approval the following observation from an English case2:
“…… Indecency is not confined to sexual indecency; indeed it is difficult to find any limit
short of saying that it includes anything which an ordinary decent man or woman would find
to be shocking, disgusting and revolting….”
1
Dr. Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte, AIR 1996 SC 1113 : (1996) 1 SCC 130.
2
Knuller (Publishing, Printing and Promotions) Ltd. v. Director of Public Prosecutions, (1972) 2 All ER 898