In Brief
A novelist alleged that a portion of the novel 'Meesha' published in Mathrubhumi weekly was derogatory to women, particularly temple-going women, and sought a court order to ban the book. The Supreme Court dismissed the petition, holding that writers enjoy fundamental freedom of expression and creative liberty that cannot be curtailed merely because content may offend a community. Courts must assess literary works objectively as a whole, applying the "clear and present danger" test. The dialogue in question, though possibly offensive to some, did not pose imminent danger to public order, decency or morality. The Court emphasized that imagination and artistic expression must remain unfettered unless strictly prohibited by law.
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