The Madras High Court on Perumal Murugan, #FoE, and more

Towards the final paragraphs of a judgment that spans a hundred and sixty pages, two judges of the Madras High Court have shared their thoughts on a novel written by Perumal Murugan. And it makes for some fine reading..Chief Justice Sanjay Kishan Kaul, the man behind the new disciplinary code for lawyers, and Justice Pushpa Sathyanarayana were hearing a series of petitions centred on the Tamil novel Madhorubagan. Evidently, the novel only generated controversy after it was translated into English, under the title. “One Part Woman”..It was claimed that the novel was defamatory to a particular community, and that the novel ought to be recalled. Things got so out of hand that Perumal even declared that he would give up writing entirely. The claims and counter claims finally found their way to the High Court..The High Court eventually ruled that there were absolutely no grounds to initiate proceedings against the author, nor was there any reason to recall the book. However, it is not just the final verdict that makes for an interesting read, it is also the fact that the judgment is peppered with observations on the freedom of expression and the state of Indian society..Here are a few of them:.One of the most cherished rights under our Constitution is to speak one’s mind and write what one thinks. (Prelude).The novel shakes you, but not in the manner its opponents seek to profess. It jolts you, because it succinctly sets forth the pain and sufferance depicted through the words of this childless couple. (Para 147).It is a matter of concern that as an evolving society, our tolerance level seems to be on the decline. Any contra view or social thinking is met at times with threats or violent behavior. (Para 154).It is not unusual to see now a campaign against a book, a film, a painting, a sculpture and other forms of artistic representations. Art is often provocative and is meant not for everyone, nor does it compel the whole society to see it. The choice is left with the viewer. (Para 172).Time also teaches us to forget and forgive and see beyond the damage. If we give time its space to work itself out, it would take us to beautiful avenues. (Para 196). Read the judgment below.