Topic of the day-Freedom of Speech

What?

-Freedom tp express yourself and communicate your viewpoint

-It also include remaining silent

Indian Constitution

-Art:19(1)(a) deals with freeson of speech and expression

-But Indian Constitution doesn't provide absolute freedom of speech, it is restricted on following grounds

A-Sovereigntyand integrity of nation

B-Security of nation

C-public order,decency and morality

D-Friendly relation with other nation

E-contempt of court

F-defamation

G-incitement to an offence

Other restrictions

1.National Security Act,1980

2.Sec 124A of IPC--deals with sedition

3.Sec 499 of IPC---defamation

4.Official Secret act

5.TADA,POTA--though repealed now

SC judgement

1.Kedar nath singh vs State of bihar---upheld Sec 124A of IPC as valid

2.Menaka Gandhi vs Union of India--SC healf that freedom of speech is not restricted by territory and valid even in foreign land but with similar restriction as in the country

3.Romesh Thapar vs State of Madras---Freedom of speech is the foundation of all democratic setup

Taken from

-French Revolution-liberty of expression

International laws etc

1.UN universal Declaration of human rights provide for freedom of speech

Issue with freedom of expression

1.Conflict between state and people---for eg------Sedition charges,

2.Conflcit between freedom of expression of one and rights of others

--defamation,

--SEC 66A of IT act(deals with offences wrt sending offensive messages thru electronic media)

3.Freedom of expression and cultural norms-----banning of books and art forms,

--censorship of movies

--Hate Speech

4.Against Court---contempt of court issues

Reason for issue with Freedom of expression in India

1.Diversity of religion,race,caste,sex,region---thus such diversity make it difficult to balancd rights of one with others

2.Socio-economic conditions--poverty,illiteracy etc---thus people do not take humour in good stride

3.Political motive-used by politician to garner their votes

4.Role of media-Exaggarate the unnecessary issue at times for TRP

5.Role of social media--thus neWS spread like fire

6.General norm of society of not asking question to authority figure

Improvement in freedom of expression

1.RTI---emphais on transparency---which help in freedom of speecb

2.emphais on Good Governance

Comparison with Other Countries

1.Reporters without border---India is ranked 136th.

Way Forward

Short term

1.Making clear arbitrary terms lIke sovereignity and integrity, security of nation ib as clear language as possible

2.removing criminal defamation and making it just civil defamation---as it hurt freedom of speech as well as it shows less tolerant society

3.Independent body to review the freedom of speech issue-this would be apolotical decision

Long term

1.Emphasis on education of all

2.Removing poverty

3.Encouraging culture of asking question

Quote

1.When truth is replaced by silence,the silence is a lie