How to exercise yours's Freedom of Expression in India!

 

There has been much controversy in India when it comes to “Freedom Of Speech”. Much has been said in favor and against this tool of expression of one own feeling and opinions. In a recent development, The Honorable Allahabad High Court denied bail to a man identified as Dr S. Siddharth who has been accused of abusing Goddess Durga on a social platform. As the Honorable Court quoted in its sentence “No unfettered right to Freedom of Expression” the court observed that the right to freedom does not enable citizens the right to speak without responsibility nor does it grant an unfettered license for every possible use of language. There have been many instances when this fundamental right of citizens was challenged by expressing anti-nation opinions and raising slogans on a public platform. This verdict will mark an impression for all those who use this tool of “FOE” as a means to utter all nonsense they can against the gov’t as well as the Nation.

Post May 2014, when Modi-led Gov’t comes to power this has been the biggest challenge to the Gov’t to safeguard this very right of every citizen but at the same time to draw a line as well to ensure that no one breaches any legality of the right. Before we delve ourselves into this article let’s have a look at the major key features of the fundament right to express our opinions and feelings.

1. The right is available to Indian citizens and not to foreigners.

2. The freedom of speech under Article 19(1)(a) includes the right to express one’s views and opinions on any issue through any medium for example by speech, writing, printing, picture, film, movie, or social media.

3. This right is, however, not absolute and it allows Gov’t to frame laws to impose reasonable restrictions in the interest of Sovereignty and integrity of the Nation, Security of the State, friendly relations with foreign states, public order, decency, and morality and contempt of court, defamation and incitement to an offense.

4. This restriction on the freedom of speech of any citizen may be imposed as much by an action of the state as by its inaction. Thus, failure on the part of the state to guarantee to all its citizens the fundamental right to freedom of speech and expression would also constitute a violation of Article 19(1)(a).

Freedom of speech is a fundamental right that lies at the heart of any vibrant democracy. In India, a diverse and vibrant nation with a rich fabric of languages, cultures, and traditions, the principle of freedom of speech is cherished in the Constitution. However, like any democratic country, India faces challenges in striking the right balance between safeguarding this crucial right and ensuring the responsible exercise of it. This article explores the concept of freedom of speech in India, its legal framework, its challenges, and the ongoing debates surrounding this fundamental right.

As the details provided above in the article, The right to freedom of speech and expression in India is protected under Article 19(1)(a) of the Constitution. It guarantees to all citizens the freedom to express their thoughts, opinions, and ideas through various means such as speech, writing, printing, and other forms of communication. This constitutional safeguard is essential for a healthy democracy, as it empowers individuals to voice their dissent, criticize the government, and contribute to public issues.

While the Constitution guarantees freedom of speech, it also recognizes certain limitations and imposes reasonable restrictions on its exercise. These restrictions include issues of public order, incitement to violence, defamation, hate speech, obscenity, and contempt of court. The Indian legal framework acknowledges the need to balance the right to freedom of speech with other societal interests, such as maintaining communal harmony and upholding the dignity of individuals.

Despite constitutional protection, the exercise of freedom of speech in India is not without its challenges and controversies. The country's diversity often leads to clashes of ideas, beliefs, and cultural sensitivities. Instances of hate speech, fake news, and offensive content on social media have become increasingly common, raising concerns about the responsible use of this right. Balancing the right to freedom of speech with the essential to prevent the spread of misinformation and hate speech poses a significant challenge for the Indian government and judiciary.

Media and the internet play a vital role in shaping public opinion and facilitating the exchange of ideas in India. They have acted as catalysts for socio-political change and exposed corruption and injustice. However, the rise of digital media and social networking platforms has presented new challenges. The dissemination of fake news, online harassment, and cyberbullying have tested the limits of freedom of speech. The Indian government has attempted to address these issues through regulations and guidelines, which have sparked debates about censorship and stifling dissent.

Freedom of speech in India remains a subject of ongoing debates and discussions. The balance between individual liberty and societal harmony continues to be a matter of contention. The interpretation of laws, such as those about sedition and defamation, has generated divergent opinions. The role of social media platforms in curating and moderating content has also been a contentious issue. Striking the right balance between protecting freedom of speech and ensuring responsible use requires constant dialogue, legal reforms, and a nuanced understanding of the evolving landscape of communication.

Freedom of speech is a cornerstone of democracy, and in India, it is protected as a fundamental right. While the country has made significant strides in upholding this right, challenges persist in maintaining a delicate balance between freedom of speech and its reasonable restrictions. Navigating the complexities of a diverse society and the rapid evolution of communication platforms requires a thoughtful approach that safeguards individual liberties while also addressing concerns related to misinformation, hate speech, and incitement to violence. As India continues its democratic journey, it must remain committed to boosting a culture that respects freedom of speech, encourages responsible expression, and safeguards the collective well-being of its citizens.