The Kerala High Court has observed that intolerance is anathema to creativity and artistic expression, and that creative discretion and liberties will have to be judged from the angle of impact it will have on the general public.
Justice Devan Ramachandran made the observation recently while closing a writ petition filed by the Network of Artistic Theatre Activists Kerala (NATAK), challenging the order of a Sub Divisional Magistrate, Fort kochi, asking to change the name of their play Governorum Thoppiyum proposed at the Cochin Carnival held in December last.
The court further noted that in matters relating to creativity and artistic expression, intolerance is anathema, particularly when perceptions are different to each individual. The holding by the magistrate’s order that a play which was intended to denigrate constitutional functionaries could not be allowed perhaps is taking issues too far; and this will certainly depend on a case to case basis. An omnibus declaration of such nature will not behove a constitutional democracy, since the right to constructively criticise and be critical, is fundamental to the nature of such systems and which is inherent, but subject to reasonable restrictions.
The government pleader submitted that the order of the magistrate intended to ensure that there were no law and order issues, or chances of skirmishes or such violence, on account of the impact that the drama may have on multifarious sections of people.
