Right To Freedom Of Speech And Expression In India Pdf
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In the Constituent Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee, that no special mention of the freedom of press was necessary at all as the press and an an individual or a citizen were the same as far as their right of expression was concerned.
The author in this article has discussed the concept of Freedom of Speech and Expression as defined under the Constitution of India along with its importance and the grounds on which it can be restricted by the Government of India. Freedom of Speech and Expression is defined under Article 19 1 a of the Constitution of India which states that all the citizens of India have a right to freedom of speech and expression. The exercise of this right is, however, subjected to reasonable restrictions for some purposes being imposed under Article 19 2 of the Constitution of India. These are the following essential elements of the freedom of Speech and Expression:.
Freedom of expression in India
The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. This right is available only to a citizen of India and not to foreign nationals. This right is, however, not absolute and it allows Government to frame laws to impose reasonable restrictions in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency and morality and contempt of court, defamation and incitement to an offence. 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 the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms see propaganda model and there are different approaches to issues such as hate speech , obscenity , and defamation laws.
The internet shutdown was imposed in the union territory on August 5, , after the abrogation of Article of the Constitution. With regard to the Shutdown Rules, the court held that indefinite suspension of the internet was not permissible and could be used for a temporary duration only. The court also called for a periodic review of orders suspending internet strictly in accordance with the Shutdown Rules. The court was also not convinced by the government contention that the internet shutdown in the union territory was critical for safeguarding national interests and internal security. The apex court also considered the issue whether the freedom of the press of Anuradha Bhasin, Kashmir Times Editor, was violated due to restrictions. Bhasin contended before the court that she was not able to publish her newspaper from August 6, , to October 11,
Article 10: Freedom of expression
The Constitution of India provides the right of freedom, given in article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the freedom of speech and expression , as one of its six freedoms. This act was brought about in the backdrop of a series of murders of Arya Samaj leaders who polemicized against Islam. This started in with the murder of Pandit Lekhram by a Muslim because he had written a book criticizing Islam. It was imposed by the British on the Hindus in order to shield Islam from criticism". Precedence to this law started even before this as in a case against Arya Samaj preacher Dharm Bir in , ten Muslims were sentenced for rioting, but Dharm Bir was also charged under section for "using offensive phrases and gestures … with the deliberate intention of wounding the religious feelings" of another community; and under Section , for "wantonly provoking the riot which subsequently occurred" and "a judge was brought in who could assure conviction".
The First Amendment protects American people from government censorship. But the First Amendment's protections are not absolute, leading to Supreme Court cases involving the question of what is protected speech and what is not. On the issue of press freedoms, the Court has been reluctant to censor publication -- even of previously classified material. In the landmark case New York Times v. United States, the Court overturned a court order stopping the newspaper from continuing to print excerpts from the "Pentagon Papers", saying such prior restraint was unconstitutional. In this June 30, file picture, workers in the New York Times composing room in New York look at a proof sheet of a page containing the secret Pentagon report on Vietnam. Censorship occurs when individuals or groups try to prevent others from saying, printing, or depicting words and images.
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Article 10 protects your right to hold your own opinions and to express them freely without government interference. This includes the right to express your views aloud for example through public protest and demonstrations or through:. The law also protects your freedom to receive information from other people by, for example, being part of an audience or reading a magazine. Public authorities may restrict this right if they can show that their action is lawful, necessary and proportionate in order to:. An authority may be allowed to restrict your freedom of expression if, for example, you express views that encourage racial or religious hatred.
This chapter examines the place of the right to freedom of speech and expression within Indian constitutionalism. After reviewing the classical normative arguments for free speech, it considers how the domain of speech is related to colonial continuity, sedition, and public order. It explores the democracy argument as the primary justification used by the courts in free speech cases, and its consequences.
Decided Cases Which Explained Freedom of Speech And Expression
Freedom of expression refers to the ability of an individual or group of individuals to express their beliefs, thoughts, ideas, and emotions about different issues free from government censorship. The First Amendment of the U. Constitution protects the rights of individuals to freedom of religion, speech, press, petition, and assembly. Most state constitutions also contain provisions guaranteeing freedom of expression. Some provide even greater protection than the First Amendment. Freedom of expression is essential to individual liberty and contributes to what the Supreme Court has called the marketplace of ideas.
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.