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| India should move towards absolute freedom of speech just like developed world | | | Nikhil Gupta | 1/9/2015 11:46:45 PM |
| The first amendment in the American constitution pro
tects the freedom of expression from government inter
ference. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The first amendment in the American constitution made the freedom of speech unambiguous and almost absolute . People in the developed world enjoy this freedom of speech .
The French people live by the maxim "I disapprove of what you say, but will defend to the death your right to say it" . This maxim defines the freedom of speech in a very nice manner . We Indians love freedom of speech , expression and belief and the constitution 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.
On the face of it, the fundamental rights enshrined in the Constitution would give Indians the greatest freedoms possible in the world. But, that is not the case. Our freedoms are not absolute. There are what is called reasonable restrictions on our freedoms, especially the freedom of speech and expression. Article 19 of the Indian Constitution deals with the protection of rights regarding the freedom of speech - including the right to express, the right to peaceful assembly, the right to form associations and unions; the right to move freely throughout the Indian Union etc. We have freedom but not absolute freedom . The first amendment in the Indian constitution in 1951 sought to curtail the freedom of expression as laid down in Article 19(1). The reason stated for this amendment was, "The citizen's right to freedom of speech and expression guaranteed by article 19(1)(a) has been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence.' It is ironic that the First Amendment to the American Constitution made the freedom of speech an almost absolute right, while the first amendment to the Indian Constitution took an absolute right and restricted it. The amendment modified absolute rights to relative rights and said that these reasonable restrictions were in the interests of the general public.
The question is what is reasonable and do people have the freedom to express their views without fear of arrest or reprisal . Alongside the fundamental rights in constitution of India there are various sections in the Indian penal code that put lot of restrictions on the absoluteness of the freedom of speech and expression in India .
These sections are 153A and 295A of the Indian penal code and some people have expressed their doubts on these sections and claim that these sections have no place in a free republican and democratic society like India .
The purpose of the Section 153 A of Indian penal code is to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc of any particular group or class or upon the founders and prophets of a religion. The jurisdiction of this Section is widened so as to make promotion of disharmony, enmity or feelings of hatred or ill-will between different religious, racial, language or regional groups or castes or communities punishable. Offence on moral turpitude is also covered in this section.
The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both . The object of Section 295-A of Indian penal code is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs. This section only punishes an aggravated form of insult to religion when it is perpetrated with deliberate and malicious intention of outraging the religious feelings of a class . There is no law of blasphemy as such in India. The nearest is Section 295(A) of the Indian Penal Code (IPC), which punishes with fine and imprisonment up to 3 years speech, writings, or signs which ''with deliberate and malicious intention'' insult the religion or the religious beliefs of any class of citizens. The legislative history of Section 295(A) of Indian penal code is interesting. A tract titled Rangila Rasool was published in pre independent India. For this tract the Lahore High Court ruled that although the writing was certainly offensive to the Muslim community, the prosecution was not legally sustainable because the writing could not cause enmity or hatred between different religious communities, which is the gist of the offence under Section 153(A) of the Indian penal code .
There was an outcry from the Muslim community and a demand for change in the law. Thereafter Section 295(A) was enacted . The report of the Select Committee preceding the enactment of Section 295(A) is significant. It stated that the purpose of the Section was to punish persons who indulge in wanton vilification or attacks upon the religion of any particular group or class or upon the founders and prophets of a religion.
It however emphasized that ''an insult to a religion or to the religious beliefs of the followers of a religion might be inflicted in good faith by a writer with the object of facilitating some measure of social reform by administering such a shock to the followers of the religion as would ensure notice being taken of any criticism so made''. Therefore the Committee recommended that the words ''with deliberate and malicious intention'' be inserted in the Section. Jinnah, who was a member of the Committee, wisely stressed the necessity of securing ''the fundamental principle that those who are engaged in historical works, those who are engaged in the ascertainment of truth and those who are engaged in bona fide and honest criticisms of a religion shall be protected''. It is for the people of India to decide whether they want absolute freedom of speech and expression or they want truncated freedom of speech and expression .
A part of content is taken from an article of respected Soli J. Sorabjee published in Indian Express . Further 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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