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| Freedom of expression allows debate on article 370 | | | Nikhil Gupta
We Indians love freedom of speech , expression and belief and the constitu- -tion of India has allowed these freedoms to Indian citizens. Given -below are some of the quotations advocating freedom of speech . "Hypocrites get offended by the truth" by Jess C. Scott . "Genuine bravery for a writer.... It is about calmly speaking the truth when everyone else is silenced, when the truth cannot be expressed. It is about speaking out with a different voice, risking the wrath of the state and offending everyone, for the sake of the truth, and the writer's conscience" by Murong Xuecun . "If liberty means anything at all, it means the right to tell people what they do not want to hear " by George Orwell . "If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter" by George Washington . "I do not agree with what you have to say, but I'll defend to the death your right to say it" by Voltaire . "This is slavery, not to speak one's thought" by Euripides . "A constitution, as important as it is, will mean nothing unless the people are yearning for liberty and freedom" by U.S. Supreme Court Justice Ruth Bader Ginsburg . Many great persons across the world have voiced concerns for the freedom of speech and expression . In fact restriction of free expression and free speech is the most dangerous of all subversions. The freedom of speech is regarded as the first condition of liberty . Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. In modern time it is widely accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. The first principle of a free society is an untrammeled flow of words in an open forum with liberty to express opinions and ideas without hindrance . Freedom of speech can be used for the discovery of truth by open discussion . Free speech has as an aspect of self- fulfillment and development and allows people for active participation in democracy like India . Freedom of speech enjoys special position as far as India is concerned.
The importance of freedom of expression and speech can be easily understood by the fact that preamble of constitution itself ensures to all citizens liberty of thought, expression, belief, faith and worship. Explaining the scope of freedom of speech and expression Honorable Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audiovisual instrumentalities. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode.
It thus includes the expression of one's idea through any communicable medium or visible representation, such as gesture, signs, and the like. In recently concluded Lok Sabha elections free minded people of India have enjoyed listening to various comments of political leaders . These comments of political leaders were sometimes good , sometimes bad but these comments added spice to people's bored lives . After a day's hard work listening to hilarious comments of political leaders and debaters added humor and also gave some information to the people . Due to these comments people came to know about Modh Ghanchi caste of honourable Prime Minister Narendra Modi Ji . When honourable Ex Prime Minister Manmohan Singh ji's brother joined BJP it became national news and people came to know about the surname of Manmohan Singh ji as kohli which belongs to caste of Panjabi traders and businessmen . Honourable Ex Prime Minister Manmohan ji himself is a very good economist . This is the beauty of democracy in India that nothing is hidden from people . The countries that do not have freedom of speech melt down in long run .
Article 370 came in news recently when it was highlighted by a Minister in Union Government on very first day of being in Union Government . Of course there is no harm in debating article 370 and freedom of speech in India allows such debates . All such debates should be positive and for benefit of the country in the long run . Article 370 reads as Temporary provisions with respect to the State of Jammu and Kashmir . In the last part of the article it is mentioned that Honorable President of India may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify provided that the recommendation of the Constituent Assembly of the State shall be necessary before the President issues such a notification . It should be noted that there is no Constituent Assembly of the State at present . This article is very important and great caution is needed in handling this article . In my humble opinion it is important for newly elected Union Government to pay heed to the feelings of duly elected J & K State Government . In the first place I really donot understand why there was a need to insert a temporary provision like article 370 . Seeing the background of J & K we find that British totally defeated Sikhs in both anglo sikh battles and thus disbanded Sikh kingdom for ever and took direct control of Punjab and sold area west of River Ravi i.e. J & K state to Gulab singh Ji . It can be imagined that since British had totally defeated Sikhs , they could have easily taken direct control of J & K state also just like they took control of Panjab state . But British chose indirect route for controlling J & K .
We all know that in British India there was a chamber of Princes for the various Princes of states like J & K and I wonder why there was no chamber of Kings . Clearly the British interference in such states was very large and when British left India they provided for joining of such states to either India or Pakistan . Perhaps J & K state wanted to become independent after 1947 but most of the important organs were manned by the British at that time and there was very little chance of survival of independent J & K . Consequently there was delay in joining of J & K with India and thus it did standstill agreement with Pakistan allegedly on the advice of R C kak Ji belonging to kashmiri pandit caste . Later he was dismissed and a new person was appointed as Prime Minister of J & K in the wake of Pakistani kabali attack on the forward areas of J & K .
The instrument of accession was thus signed after much delay in the month of October , 1947 . Justice M C Mahajan Ji will always be remembered for his tough talking with Prime Minister J L Nehru ji and consequent sending of Indian army troops in Kashmir for defence against the attacking Pakistanis .
Justice M C Mahajan Ji will also be remembered for his heroic stand in the award of Redcliffe Commission vide which Muslim majority Gurdaspur district was given to India and Hindu majority Lahore was given to Pakistan . We can imagine that if Gurdaspur was not with India then the direct plain road link with rest of India was very difficult . In these peculiar situations J & K state joined with India and still I don't know why article 370 was inserted . It was better if J & K state was also treated just like other states in this matter . I feel that a nationwide debate on article 370 will bring out truth and will be good for India in the long run. The content has no bearing on any person or any organization and the author is guided by the motto " The ROYALE GUPTA WARRIORS never fight for themselves but fight for a bigger cause . " Vande Matram and Jai Hind . |
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