Bijoe Emmanuel v State of Kerala (1986)
Bijoe Emmanuel v State of Kerala (1986)
Citation: AIR 1987 SC 748
Court: Supreme Court of India
Background:
This case revolves around the right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution and its interplay with the right to freedom of religion under Article 25.
The three children — Bijoe Emmanuel, his brother, and sister — were students in a school in Kerala. They belonged to the Jehovah’s Witnesses religious community, which holds the belief that saluting the national flag or singing the national anthem is against their religious faith.
During the school’s assembly and national anthem, the children remained silent and refrained from participating, following their religious beliefs.
Facts of the Case:
The three children did not sing the national anthem or salute the flag during the school assembly.
The school authorities considered their behavior as indiscipline and disrespect towards the national anthem.
The children were subsequently expelled from school.
The parents challenged the expulsion as a violation of their children’s constitutional rights.
Legal Issues:
Whether the refusal of the children to sing the national anthem or salute the flag constituted an act of disrespect warranting expulsion.
Whether the right to freedom of speech and expression (Article 19(1)(a)) protects an individual’s choice to abstain from expressing views contrary to their conscience or beliefs.
The scope of the right to freedom of religion (Article 25) in protecting religious practices, including non-participation in patriotic ceremonies.
Whether the school’s disciplinary action was justifiable or violated constitutional guarantees.
Constitutional Provisions Involved:
Article 19(1)(a): Protection of freedom of speech and expression.
Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
Article 51A(a): Fundamental duty to abide by the Constitution and respect the national flag and anthem.
Judgment:
The Supreme Court ruled in favor of Bijoe Emmanuel and his siblings, holding that:
The children did not disrespect the national anthem or flag because their silence was an expression of their religious beliefs and conscience.
The right to freedom of speech and expression includes the right to remain silent when the expression demanded is against one’s conscience.
The children’s behavior was protected under Article 19(1)(a) and Article 25, as they sincerely followed their religious convictions.
The school’s action of expelling the children was unconstitutional and violated their fundamental rights.
The court emphasized the importance of tolerance and respect for religious beliefs in a secular democracy.
The ruling reaffirmed that compulsion to express views against one’s conscience is impermissible under the Constitution.
Significance of the Judgment:
The case is a landmark decision safeguarding the right to freedom of speech and expression, specifically the right to dissent or abstain from certain expressions.
It establishes that freedom of expression includes the right not to speak or participate in activities that conflict with individual conscience or religious beliefs.
It reinforces the principle of religious freedom and the protection of minority rights.
The judgment highlights the need for respect and accommodation of diverse beliefs in educational and public institutions.
It balances the fundamental duties with fundamental rights, prioritizing individual conscience over compulsory expressions.
Related Case Laws:
Maneka Gandhi v Union of India (AIR 1978 SC 597):
Established that the right to personal liberty and freedom includes various facets such as the right to travel, speak, and practice religion.
Ramji Lal Modi v State of UP (AIR 1957 SC 620):
Discussed the scope of freedom of speech and expression.
State of Madras v Champakam Dorairajan (AIR 1951 SC 226):
Affirmed the primacy of fundamental rights over other considerations.
Summary Table:
| Aspect | Holding in Bijoe Emmanuel v State of Kerala |
|---|---|
| Right to freedom of expression | Includes right to remain silent |
| Right to freedom of religion | Protects conduct based on sincerely held religious beliefs |
| School’s disciplinary action | Found unconstitutional and violative of fundamental rights |
| Compulsion to express | Not permissible if against conscience |
| Respect for minorities | Essential in a secular democracy |
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