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FREEDOM OF EXPRESSION
Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.Same time Article 19(1)(a) of Indian Constitution says that all citizens have the right to freedom of speech and expression. 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.
The Constitution of India Bill 1895, quotes, 'Every citizen may express his thoughts by words or writings, and publish them in print without liability to censure, but they shall be answerable to abuses, which they may commit in the exercise of this right, in the cases and in the mode the Parliament shall determine.'
Other constitutional antecedent documents such as Commonwealth of India Bill 1925, Nehru Report 1928, and States and Minorities 1945 too contained provisions on freedom of speech and expression.
In most cases, the provisions contained some form of restrictions on freedom of speech and expression.
Subject to the other provisions of this article, all citizens shall have the right – (a) to freedom of speech and expression; …
Proviso: Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the security of, or tends to overthrow, the State.'
*Though freedom of speech is considered a fundamental right but there are conditions where such rights can be curtailed or subjected to restrictions.* These are appended below :-
*Security of the State:-* Reasonable restrictions can be imposed on the freedom of speech and expression, in the interest of the security of the State. All the speech intended to endanger the security of the State by crimes of violence intended to overthrow the government, waging of war and rebellion against the government, external aggression or war, etc., may be considered a threat to security of state hence such activities may be subjected to restriction.
*Friendly relations with foreign States:* This ground was added by the Constitution (First Amendment) Act of 1951. The State can impose reasonable restrictions on the freedom of speech and expression, if it tends to jeopardise the friendly relations of India with other State.
*Public order*: This ground was added by the Constitution (First Amendment) Act, 1951 in order to meet the situation arising from the Supreme Court's decision in Romesh Thapar's case (AIR 1950 SC 124). The expression 'public order' connotes the sense of public peace, safety and tranquillity.
*Decency and morality:*- The word 'obscenity' is identical with the word 'indecency' of the Indian Constitution.
*Contempt of court:* The constitutional right to freedom of speech would not allow a person to contempt the courts.
*Defamation:-* The clause (2) of Article 19 prevents any person from making any statement that injures the reputation of another. With the same view, defamation has been criminalised in India by inserting it into Section 499 of the I.P.C.
*Incitement to an offense:-* This ground was also added by the Constitution (First Amendment) Act, 1951. The Constitution also prohibits a person from making any statement that incites people to commit offense.
*Sovereignty and integrity of India:-* This ground was also added subsequently by the Constitution (Sixteenth Amendment) Act, 1963. This is aimed to prohibit anyone from making statements that challenge the integrity and sovereignty of India.
*Sedition:-* According to the English Law, sedition embraces all the practices whether by word or writing which are calculated to disturb the tranquillity of the State and lead an ignorant person to subvert the Government.
There are instances where individual or organisations have been continuously venting poisonous and hate speech against Government and religious communities not only pan India but also Internationally.Though they claim immunity against any judicial and criminal action under the veils of right to freedom of speech,and continue threatening sovereignty of the country,but in the interest of unity of country,such activism should never be encouraged and punitive action may be initiated whenever need be.
