The Prayas ePathshala

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Origin:

In England’s Bill of Rights, which was published in 1689, the idea of free speech was established as a constitutional right.
The French Revolution adopted The Declaration of Man’s and Citizen’s Rights in 1789, supporting the notion of the right to free speech and expression by designating it as one of the “most valuable rights of man.”
Everyone has the right to freely express their thoughts and opinions, according to the 1948 Universal Declaration of Human Rights (UDHR), which also recognized the freedom of speech and expression as a human right.
Indians sought these rights for themselves due to the British repression of their fundamental freedoms of speech and expression throughout the country’s freedom movement, which culminated in the inclusion of this right as a fundamental right in the Indian Constitution (adopted on 26th November 1949).

Constitution of India and the right to free speech:

“All citizens will have the right to freedom of speech and expression,” the Indian Constitution’s Article 19(1)(a) declares. The Preamble of the Constitution, which aspires to ensure that all of its citizens have the freedom of thought and expression, contains the concept that underlies this Article (basic right).
The Article gives citizens the freedom to express their beliefs and thoughts in any way they choose, whether it be orally, in writing, on paper, in drawings, or by any other means. Thus, it encompasses the communication of one’s ideas by any visual or audible means, such as gestures, signs, and the like.

Importance:

India is a democratic nation, thus all citizens must actively participate in the decision-making process. There must be a right that people can exercise to voice their opinion and conviction in order to permit all citizens to engage in the process. Therefore, the ability to speak freely is crucial to the effective operation of Indian democracy.
Freedom of expression encourages discussion and debate, which aids in the discovery of the truth. Additionally, it enables citizens to discuss a range of topics, contributing in finding common ground and averting conflicts.
One can progress in many areas of life and find self-fulfillment thanks to freedom of speech. An individual’s self-development is aided by it. One’s whole personality development and progress may be hampered if they are prohibited from expressing themselves, which may further impede the development of the country as a whole.

Is the right unchangeable?

The Indian Constitution does not make the right absolute, despite the fact that it is essential for the healthy development of the individual and the nation.
According to Article 19 of the Indian Constitution, the State is permitted to impose “reasonable limits” for specific purposes (2).

Reasonable restrictions: justifications:

State-wide safety:

Serious and worsened public unrest, such as revolt, warring against the state (the entire state or a portion of it), insurrection, etc., are referred to as security of the state.
In the interest of the State’s security, the Indian Constitution allows for the imposition of justifiable limitations on the right to free speech and expression.

Amiable interactions with foreign governments:

The Indian Constitution gives the State the authority to place reasonable restrictions on the right to free speech and expression if doing so would harm India’s friendly relations with another State or state.

Public peace:

Public order refers to the peace, safety, and tranquility of the general populace.
The State is authorized to impose reasonable limits to safeguard public order since anything that upsets public peace affects public order.

Morality and decency:

The Indian Constitution places restrictions on the use of the right to free speech based on morality and decency.
When the sale, distribution, or display of profane language occurs, the State has the authority to impose reasonable limits.

Misconduct in court:

According to Section 2 of the Contempt of Courts Act, 1971, the phrase “contempt of court” relates to either civil or criminal contempt. A person who disobeys a judge or a ruling or otherwise obstructs the legal process in a courtroom is said to have committed a legal infraction.
Any individual or organisation is not permitted to engage in behaviour that could be construed as contempt of court under the fundamental right to free expression.

Defamation:

Because the freedom of speech is not unrestricted, no one is permitted to harm the reputation of their fellow citizens.
Article 19’s clause (2) forbids anyone from making any statements that damage another person’s reputation.

Incitation to commit a crime:

The Indian Constitution forbids anyone from making any remarks that encourage others to commit a crime.

How may it be abused?

Hateful remarks:

Many Indians view the right to free speech as unalienable and inviolable even if it is a privilege with “reasonable constraints.”
Hate speech against members of other communities arises from Indian citizens’ belief that the right to free expression is an absolute necessity.
Hate speech frequently targets marginalised groups and weaker segments of society.
Such hateful remarks eventually result in conflicts and animosity amongst various groups and communities in our nation.

Propaganda for secession and against the state:

Numerous secessionist organisations and anti-state individuals take advantage of this freedom to propagate their revolutionary views among the populace, disturb the existing order, and interfere with the country’s everyday operations.

Spreading False News:

The term “fake news” is not widely understood. However, it refers to information that could be construed as news that has been produced on purpose and circulated to mislead or spread rumours.
Fake news has recently started to occur often in India. Minorities and specific persons are the primary targets of fake news creators and spreaders, who circulate false information linking them to violent behaviour (spreading false news to tarnish their credibility and reputation).
On the other hand, false information about well-known people and their alleged valour is shared in an effort to boost their stature and sway political outcomes.
Such spectacular and divisive false news articles frequently cause social and communal unrest, significant personal injury (lynching), and general mistrust.

Obscene or indecent material:

It might be challenging to define and categorise any content as obscene or indecent in the age of evolving ideas and changing cultures. However, a number of organisations in India are utilising the freedom of speech to disseminate obscenity.
There is a tonne of stuff on social media that uses offensive language, gestures, and words.
These have a harmful impact on children and teens in addition to spreading immorality in society.