In a groundbreaking ruling delivered on Thursday, the Supreme Court of India declared that the lawful exercise of dissent is protected under the Indian Constitution.

The verdict addressed a case involving Javed Ahmad Hajam, a resident of Baramulla in Kashmir, who faced charges under Section 153A of the Indian Penal Code (IPC). The charges stemmed from his critique of the abrogation of Article 370, which granted special autonomous status to Jammu and Kashmir, and his expression of goodwill towards Pakistan on its Independence Day.

Furthermore, the court elucidated that labeling the revocation of Jammu & Kashmir’s special status under Article 370 as a “black day,” alongside conveying felicitations on Pakistan’s Independence Day, does not constitute incitement of hostility between groups or communities along religious lines under Section 153A of the IPC. The court also emphasized that extending goodwill to citizens of other nations on their Independence Days is a permissible gesture safeguarded by constitutional rights.

Furthermore, the judgment emphasized that every citizen possesses the right to critique governmental actions and decisions, as guaranteed by Article 19(1)(a) of the Constitution. The characterization of the day of the abrogation of Article 370 as a “black day” was deemed an expression of protest and anguish, safeguarding it under the fundamental rights enshrined in the Constitution of India.

The court stressed the need to ensure law enforcement agencies understand that the principles of freedom of speech and expression are enshrined in the Constitution. It emphasized the importance of adhering to democratic values and cautioned against using legal provisions to stifle dissenting voices, which could undermine democracy.