Sardarji jokes: Courts can't lay down moral guidelines, says SC

The SC recently out any blanket ban on 'Sardar jokes' saying that judiciary could not lay down moral guidelines for citizens and court should also not pass order on how people should conduct themselves. The court said that it was part of Constitution's fundamental duties that people should respect each other and no particular community should be made the butt of jokes, but expressed its reservation in passing ban order on jokes targeting a community. & quot Courts cannot lay down moral guidelines for citizens. Although Fundamental Duties are part of the constitutions and people must have respect but how can court pass order on such issues,& quot the bench said while referring to Article 51A which says that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people transcending religious, linguistic and regional or sectional diversities. The apex court has been examining the case since October 30, 2015 when it agreed to hear a PIL seeking ban on Sardar jokes for ridiculing Sikhs and projecting them as foolish and naive. The petitioner Harvinder Chowdhury, a practising advocate, contended that cracking jokes on a particular community amounts to racial abuse and hurting religious sentiments. The bench, however, said that it was for Parliament to frame laws and expressed reservation in passing order to ban Sardar jokes. & quot Some people laugh when they hear jokes, some are reserved. How can we issue guidelines as to how people should conduct themselves?& quot the court said.

The apex court is best equipped to interpret the hallowed laws of our Constitution and whatever its decision is, it will be for the best for the entire country. A person can himself decide whether he wants to enjoy a good joke with a laugh or just ignore it. The court has no authority to issue guidelines on how people should conduct themselves. Hence, the decision of the court is justified.