Supreme Court says can't lay down rules to ban sardar' jokes

New Delhi: The Supreme Court, which had earlier decided to frame guidelines to regulate/ban Sikh jokes in circulation on social media, on Tuesday indicated its inability to do so, saying courts cannot “lay down moral guidelines” for citizens, doubting their enforceability if they were to do so.

A Bench comprising Justices Dipak Misra and R. Banumathi said courts cannot pass any regulations asking people to behave in a “particular manner in public,” and even if they do, “Who will enforce them on the streets?” “We are clear… the courts cannot lay down moral guidelines for citizens. We cannot issue guidelines to regulate individuals,” the bench said.

The earlier bench headed by former Chief Justice T.S. Thakur had entertained several PILs which sought court intervention to curb or ban sardar jokes in circulation on social media and on the internet. A committee was formed to give suggestions on how such regulation can be made.

During the resumed hearing, the bench made it clear that the Supreme Court cannot pass any kind of guidelines banning or curbing jokes about the Sikh community.

Justice Misra asked the counsel “is there any kind of guidelines for any community or any religion anywhere in the world. Dignity or reputation is always related to an individual. While some persons will laugh for a joke, while some others may remain quiet. It all depends on individual’s perception. Sikhs are a highly respected community. The whole India respects them.”

At the outset the bench said anyone can take recourse to section 67 A of Information Technology Act or defamation provisions under the IPC to seek remedy if they feel aggrieved by such jokes.

Justice Misra asked “how can we lay down guidelines? What kind of guidelines and to whom we can issue them, who will enforce them. We can only regulate if anything is done by an institution or the State. If a singular grievance comes we can take it up. I don’t think the court shall go into it.”

The bench said these are things in the domain of the legislature. It will only explore if any measure can be taken to curb spread of online jokes on the lines of ban on online advertisement of sex determination kits and clinics ordered earlier.

The bench will pass a formal order on a batch of petitions alleging commercial dissemination of “insulting” jokes about Sikhs on the Internet and through SMS, on February 27.

Advocate Harvinder Choudhry, the main petitioner submitted that perception plays a big role at various levels of decision making, be it at the level of executive, in the bureaucracy and even in the judiciary. If this circulation of Sardar jokes be allowed to continue, depicting Sikhs as naïve, inept, etc. etc. then, since it creates a stereotype image of Sikhs, it is also leading to undermine the contributions made by Sikhs for the independence of India.