Freedom,
derived from the Old English word "freodom,"
encompasses the state of being free or liberated from coercion, restraint, or
captivity. It is a multifaceted concept embodying autonomy, self-determination,
and the absence of undue constraints on an individual or a collective entity.
Definition
of Freedom
Amartya Sen:
"Freedom is the capability to choose between different ways of living,
being and doing."
Immanuel
Kant: "Freedom is the independence from the coercive power of others."
Concept of
Freedom in Indian Constitution
Our
constitution believe in equality and respects every citizens freedom, Just
because of this reason we can see the provisions regarding freedom is provided
in our “Preamble” and Part 3rd of the Indian Constitution.
The Indian
Constitution has several provisions for guaranteeing freedoms to its citizens.
Here's a breakdown of the key provisions, primarily found in Part III, which
covers Fundamental Rights:
Article 19:
Six Fundamental Freedoms
I.
Freedom of
speech and expression (19(1)(a)): Citizens have the right to express their opinions freely
through speech, writing, media, or any other means.
II.
Freedom of
assembly (19(1)(b)):
Citizens have the right to assemble peacefully and without arms.
III.
Freedom of
association (19(1)(c)):
Citizens have the right to form associations, unions, political parties, or
co-operative societies.
IV.
Freedom of
movement (19(1)(d)):
Citizens have the right to move freely throughout the territory of India.
V.
Freedom of
residence and settlement (19(1)(e)): Citizens have the right to reside and settle in any part of
India (*subject to reasonable restrictions in certain cases.)
VI.
Freedom of
profession, occupation, trade or business (19(1)(g)): Citizens have the right to practice
any profession or carry on any lawful occupation, trade, or business.
In this
article we’ll deal specially with the Article 19 of the Indian Constitution
which deals with Protection of Right regarding Freedom of Speech and
Expression.
Article 19
of Indian Constitution
Article
19(1)(a) of the Indian Constitution guarantees the right to freedom of speech
and expression to all citizens of India. This fundamental right is considered
to be one of the cornerstones of democracy as it allows individuals to freely
express their opinions and ideas without fear of censorship or retaliation.
However, this right is not absolute and is subject to certain restrictions as
outlined in Article 19(2) of the Constitution.
Understanding
Article 19(1)(a): Article 19(1)(a) states that all citizens have the right to
freedom of speech and expression. This includes the right to express one's
opinions, beliefs, and ideas through any medium such as speech, writing,
printing, or visual representations. This fundamental right is essential for
the functioning of a democratic society as it allows individuals to participate
in public discourse, criticize the government, and hold those in power
accountable.
In case : Romesh Thaper v. State of Madras
, Supreme Court held
that Freedom of Speech and Expression means “Right to speak and express one’s
opinion by words of mouth, writing, printing, picture or in any other manner”.
It is
similar to the First Amendment of the US Constitution.
Various
Facets under Article 19 of the Indian Constitution
Freedom of
Speech and Expression, enshrined in Article 19(1)(a) of the Indian
Constitution, is a fundamental right that forms the bedrock of democratic
discourse. Here are the various facets of this freedom, along with landmark
constitutional cases that have shaped its interpretation:
1. Political Speech:
Facet:
Citizens have the right to express political opinions, criticize government
policies, and participate in political discussions.
Landmark
Case: Kameshwar Prasad v. State of Bihar (1962): Upheld the right to criticize
government policies as essential for a vibrant democracy.
2. Artistic Expression:
Facet:
Artistic creations, including literature, films, and paintings, are considered
forms of expression protected under Article 19(1)(a).
Landmark
Case: S. Rangarajan v. P. Jagjivan Ram (1989): Emphasized the need for tolerance
towards artistic expression, even if it is controversial.
3. Commercial Speech:
Facet: The
right to advertise and engage in commercial speech is protected under the
broader umbrella of freedom of speech.
Landmark
Case: Bennett Coleman & Co. v. Union of
India (1972):
Acknowledged the commercial aspect of newspapers and the right to advertise.
4. Right to Information:
Facet: The
right to seek and receive information is considered integral to freedom of
speech and expression.
Landmark
Case: State of Uttar Pradesh v. Raj Narain
(1975): Recognized the
right to information as essential for holding public authorities accountable.
5. Public Order and Hate Speech:
Facet: While
the freedom is expansive, it is not absolute, and restrictions can be imposed
to maintain public order and prevent hate speech.
Landmark
Case: Ramesh v. Union of India (2005): Upheld the validity of laws
restricting hate speech to maintain public order.
6. Internet and Digital Expression:
Facet: The
advent of the internet has extended freedom of speech to digital platforms,
including social media and online forums.
Landmark
Case: Shreya Singhal v. Union of India (2015): Struck down Section 66A of the IT
Act, recognizing the importance of free expression on the internet.
7. Political Satire:
Facet:
Political satire and humor are considered protected forms of expression,
contributing to political discourse.
Landmark
Case: Harvinder Chowdhary v. Union of India
(1996): Recognized the
right to political satire as a form of expression.
8. Right to Silence:
Facet:
Individuals have the right to remain silent, and compelled speech is seen as a
violation of freedom of speech and expression.
Landmark
Case: Nandini Satpathy v. P. L. Dani (1978): Recognized the right to silence as
part of the broader freedom of speech.
9. Whistleblower Protection:
Facet: The
right to expose corruption or wrongdoing is seen as an essential aspect of
freedom of speech.
Landmark
Case: State of Maharashtra v. Banwasi Seva
Ashram (2017):
Emphasized the importance of protecting whistleblowers to ensure transparency
and accountability.
10. Symbolic Speech:
Facet:
Non-verbal forms of expression, such as symbolic acts or gestures, are
considered protected under freedom of speech.
Landmark
Case: Indian Express Newspapers v. Union of
India (1985): Recognized
the importance of symbolic expression, including the burning of the national
flag as a form of protest.
These facets
collectively demonstrate the expansive nature of freedom of speech and
expression in the Indian constitutional context, encompassing a wide range of
forms of expression essential for a thriving democracy. Landmark cases have
played a crucial role in shaping and refining the contours of this fundamental
right over the years.
Conclusion
In
conclusion, the various facets of freedom of speech and expression under
Article 19 of the Indian Constitution paint a diverse canvas of democratic
liberties. Landmark cases have sculpted a delicate balance between the right to
express and societal interests. This dynamic right, spanning political
discourse, digital realms, and whistleblower protection, is integral to
fostering an informed and participatory democracy. As the nation evolves,
safeguarding this fundamental right is crucial, ensuring a vibrant tapestry
where voices resonate freely, enriching the democratic fabric of the country.
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