Petitionery

1. As per article 19(1) of the constitution of clandestenesia, every citizen has a right to freedom
of speech and expression which was professed by our client when the documentary on khosads
was made. When TCPL was approached by Bioscope it insisted that the documentary be made
in as vivid manner as possible so as to correctly inform the audience.
2. As per the Exception clause 1 of Section 499 of the Indian Penal Code which says it is not
defamation to impute anything which is true concerning any person , if it is for the public good
that the imputation be made or published. The events and scenarios portrayed in the
documentary are true and due care was taken to correctly inform the audience. To be as
accurate as possible historians, khosads, government officials , anthropologists were
interviewed .
3. Every author, publisher and performer is entitled to the fundamental right to free speech and
expression available to all citizens alike under article 19(1) (a), when they write , perform or seek
to find expression to their creativity. In the sense, the Constitution protects the creative
expression of those engaged in human endevour in the areas of fine arts and culture .Article
19(1)(a) is , however, not the only article to which the protection of literary activities can be
traced. Literature, culture and the fine arts are an expression of the yearning of the individual to
find expression to the inner desire and perception of the human being endowed with those
skills. The author, the playwright and the artist achieves through her media of expression, a
sense of fulfilment, a sense of satisfaction which makes life meaningful. Article 21 today
protects these legitimate activities which make life meaningful and impart to the quality of life a
dimension beyond a mere physical existence. Forms of literary endeavour are therefore, within
the protection of the right to life under Article 21.i
4. Article 19(1)(g) of the Constitution of Clandestenesia provides that any citizen is entitled to
practice any trade or profession or carry on any trade or business. Tcpl produced the
documentary under this right guaranteed in the constitution.
5.

Anand Chintamani Dighe and Anr. vs. The State of Maharashtra Through its Secretary General Administration
Deptt. and Ors. (19.05.2000 - BOMHC) : MANU/MH/0164/2001