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๐Ÿ‡ฎ๐Ÿ‡ณ India /Crime & Justice

Courts Cannot 'Teach or Preach' Citizens on What to Say, Says Former Supreme Court Judge

From Hindustan Times · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

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  • Former Supreme Court judge Abhay Oka stated that courts should not dictate citizens' speech.
  • Oka emphasized that the judiciary's role is to protect fundamental rights, not to preach or teach citizens what to say.
  • He asserted that courts are not the arbiters of acceptable public discourse.

Courts are not meant to dictate what citizens say or to preach to them, asserted former Supreme Court judge Abhay Oka. He clarified that the judiciary's fundamental responsibility lies in safeguarding the fundamental rights of individuals. Oka's remarks underscore a principle of judicial restraint, emphasizing that the courts should not overstep their bounds by attempting to control public expression or impose moral or political viewpoints on the citizenry.

Justice Oka's statement directly addresses the role of the courts in a democratic society, particularly concerning freedom of speech. He posited that the courts' mandate is to uphold constitutional guarantees, which include the right to express oneself freely. By stating that courts cannot 'teach or preach' citizens on what to say, Oka implies that any judicial attempt to regulate speech beyond established legal boundaries, such as incitement or defamation, would be an overreach. The focus, he suggests, must remain on protecting these rights, not on shaping the content of public discourse.

Courts are not meant to decide what citizens should or should not say. Their responsibility is to safeguard fundamental rights.

โ€” Abhay OkaFormer Supreme Court judge explaining the role of the judiciary regarding citizens' speech.
DistantNews Editorial

Originally published by Hindustan Times in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.