Here are more significant judgements from various High Courts in India related to Article 19, which deals with the right to freedom of speech and expression, assembly, association, movement, residence, and profession:
2011
Ram Jethmalani & Ors vs Union of India & Ors (2011): The Supreme Court held that the right to privacy, which is an essential part of Article 21, is intricately linked to Article 19(1)(a). This judgement emphasized the balance between the right to freedom of speech and the right to privacy.
2012
Subramanian Swamy v. Union of India (2016): The Supreme Court upheld the constitutional validity of criminal defamation laws under Sections 499 and 500 of the Indian Penal Code, stating that the right to freedom of speech and expression is not absolute and can be subject to reasonable restrictions.
2013
S. Khushboo v. Kanniammal & Anr (2010): The Supreme Court quashed multiple criminal cases of obscenity against actress Khushboo for her remarks on pre-marital sex, highlighting the importance of freedom of speech and expression.
2016
Indian Hotel & Restaurants Association (AHAR) & Anr v. The State of Maharashtra & Ors (2013): The Supreme Court struck down the Maharashtra Police Act amendment that banned dance bars, citing the violation of Article 19(1)(g), the right to practice any profession or to carry on any occupation, trade, or business.
2018
Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017): The Supreme Court recognized the right to privacy as a fundamental right under Article 21, which is closely linked to the rights guaranteed under Article 19.
2019
Tata Press Ltd. v. MTNL (1995): The Supreme Court held that commercial speech (advertisements) is protected under Article 19(1)(a) and that any restriction on it must meet the requirements of Article 19(2).
2021
Anuradha Bhasin vs. Union of India (2020): The Supreme Court held that the freedom of speech and expression through the internet is a fundamental right and any restriction on internet access must adhere to the principles of proportionality and necessity.
2023
Internet and Mobile Association of India vs. Reserve Bank of India (2020): The Supreme Court lifted the Reserve Bank of India's ban on cryptocurrency trading, stating that the ban violated the fundamental right to trade and business under Article 19(1)(g).
2024
Kunal Kamra vs. Union of India (2024): The Bombay High Court declared Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as unconstitutional, ruling in favor of the petitioners.
2024
V.K.Vanaja vs. Union of India (2019): The Madras High Court ruled that the State cannot impose unreasonable restrictions on the freedom of speech and expression, and that any restriction must be justified in the interest of public order, security of the State, and decency or morality.
These judgements illustrate the evolving interpretation and application of Article 19, ensuring that citizens' fundamental rights are balanced with societal interests and other constitutional protections.
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