‘To preserve freedom of expression, we must learn to tolerate criticism’: Justice Oka | Mumbai News
3 min readMumbaiApr 1, 2026 12:26 AM IST
The Loksatta Tarun Tejankit awards ceremony, celebrating young achievers across fields such as science, technology, social work, industry, administration, arts, and sports, was held in Mumbai on Tuesday. Marking its eighth edition, the initiative honored 22 outstanding young individuals for their socially impactful work and forward-looking contributions. The awards were presented by former Supreme Court judge Abhay Oka.
Justice Oka, in his address, asserted that criticism of judicial decisions is an essential part of free speech. However, he emphasised that such criticism must be constructive and well-researched. He also remarked that the Supreme Court’s decision to ban an NCERT textbook was not appropriate.
Reflecting on 75 years of the Constitution, Justice Oka said society should have developed stronger intellectual maturity. Fundamental values should not appear so fragile that poetry, humour, or artistic expression is blamed for inciting hatred, he argued. “To preserve freedom of expression, we must learn to tolerate criticism,” he said, adding that true respect for this right will come only when it is fully accepted as a fundamental freedom by all.
Citing a recent example, Justice Oka spoke about a law student who refused to delete a social media post critical of a court ruling, invoking protection under Article 19(1)(a). Despite initial objections from university authorities, no action was ultimately taken, an outcome Justice Oka described as rare in the current climate.
He stressed that safeguarding constitutional values and fundamental rights is the duty of every citizen, though this responsibility is often overlooked. In such situations, he noted, the judiciary bears the crucial responsibility of protecting citizens’ freedoms, especially freedom of expression—while also acknowledging that its performance must be judged by society.
Highlighting the need for clear legal standards, Justice Oka said democracy cannot survive without dissent and that lawful protest is integral to it. Referring to British jurist Lord Denning, he cautioned that contempt of court powers should not be used to protect personal prestige. Courts, he said, must adopt a more tolerant approach toward criticism.
He concluded by emphasising that the impact of speech should be judged from the perspective of a rational, strong, and balanced individual—not from that of someone overly sensitive or intolerant of opposing views.
