Bijoe Emmanuel v. State of Kerala (1986)

Constitutional Law I · Right to Freedom — Article 19

Facts.

Three schoolchildren belonging to the Jehovah’s Witnesses stood respectfully during the National Anthem but did not sing it, because their faith forbade it. They were expelled from school for the refusal.

Issue.

Does compelling a student to sing the National Anthem, against a sincere religious belief, violate the freedom of speech and expression under Article 19(1)(a) (and religion under Article 25)?

Held.

The Supreme Court held the expulsion unconstitutional. The freedom of speech and expression includes the freedom to remain silent; the children had shown no disrespect by standing quietly, and forcing them to sing violated both Articles 19(1)(a) and 25.

Why it matters.

It established the right to silence as a facet of free expression — proof that Article 19(1)(a) protects the choice not to speak as much as the choice to speak.

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