The Freedom of Speech and An ‘adolescent India’

Context: 

India’s journey to maturity as a nation is still ongoing and will continue to be tested through its handling of the freedom of speech and its response to social changes.

Article 19 of the Constitution:

• Freedom of Speech and expression means the right to express one’s own opinions freely through speech, writing, printing, pictures or any other mode.
• In India, under Article 19(1), the Constitution of India guarantees to all its citizens the right to freedom of speech and expression.
• However, this freedom is not absolute and under Article 19(2) reasonable restrictions can be imposed on the exercise of this right for certain purposes.

Significance of Freedom of Speech:

• Societal Good: Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays a significant role in the development of a particular society.
• Self-development: Free speech is an integral aspect of each individual’s right to self-development and fulfilment. Restrictions inhibit our personality and its growth.
• Democratic value: Freedom of speech is essential for the proper functioning of the democratic process as it allows people to criticise the government.
• Ensure pluralism: It reflects and reinforces pluralism, ensuring that diversity is validated and promotes the self-esteem of those who follow a particular life-style.

Origins of Free Speech:

• The concept of freedom of speech is a western notion. The real freedom of speech, as we understand it today, was propounded by Voltaire and Rousseau.
• There is nothing in our soil that suggests that this freedom took root here.
• Dr. Ambedkar has noted that the freedom of speech exists in India only for those who are in favour of the social order. 
• This freedom is not the freedom of liberalism which was expressed by Voltaire when he said ‘I wholly disapprove of what you say and will defend to the death your right to say it.’
• The right to not just think freely but also to criticise the state is very fundamental to western notions of democracy.

Recent Judgment of the Supreme Court:

• The Supreme Court of India in its judgment in Kaushal Kishore’s case declared that the fundamental rights of Indians are exercisable not only vertically but also horizontally.
• The Court concluded that such fundamental rights can be enforced even against persons other than the state and its instrumentalities.

Conclusion:

• Failure to protect free speech will result in us becoming an obedient and bovine citizenry which implicitly obeys the false credo that nothing can be done unless expressly permitted.

News Source: The Hindu

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