Freedom of speech and expression in india. Freedom of Speech and Expression in India: Legal Analysis 2022-10-20

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Freedom of speech and expression is a fundamental right guaranteed by the Constitution of India. It is considered an essential component of a democratic society, as it allows individuals to express their thoughts and opinions freely without fear of reprisal. The right to freedom of speech and expression is enshrined in Article 19(1)(a) of the Indian Constitution, which states that "all citizens shall have the right to freedom of speech and expression."

In India, the right to freedom of speech and expression is not absolute. It is subject to reasonable restrictions, as provided in Article 19(2) of the Constitution. These restrictions include the interests of the sovereignty and integrity of the state, public order, decency or morality, contempt of court, defamation, and incitement to an offense.

However, the Indian government has often been criticized for imposing restrictions on freedom of speech and expression, particularly in cases involving political dissent or criticism of the government. In recent years, there have been instances of journalists and activists being arrested or charged with sedition for expressing their views. There have also been cases of social media platforms being blocked or censored for hosting content that is critical of the government.

In addition to these legal restrictions, there are also societal barriers to freedom of speech and expression in India. There is often a lack of tolerance for diverse viewpoints, and individuals who express views that are different from the mainstream can face backlash and intimidation.

Despite these challenges, freedom of speech and expression remains a valued right in India. There are numerous organizations and individuals working to defend and protect this right, including journalists, human rights activists, and lawyers. The media plays a crucial role in promoting freedom of speech and expression, by providing a platform for diverse voices and holding the government accountable.

In conclusion, freedom of speech and expression is a fundamental right guaranteed by the Constitution of India. While it is subject to reasonable restrictions, it has often been challenged by legal and societal barriers. However, it remains a valued right, and there are numerous individuals and organizations working to defend and protect it.

Article 19: The freedom of Speech and expression

freedom of speech and expression in india

The right that is mentioned above, guaranteed by our constitution, is regarded as one of the most basic elements of a healthy democracy because it allows citizens to participate in the social and political process of a country very actively. The right that we talked about is subject to reasonable restriction under Article 19 2 of the Indian Constitution. Freedom of speech and expression is thus a natural right, which a human acquires at birth. If any of these two conditions were not present, the government had no right to exercise its powers under the said Section. All they provide is that one should respect the ideals and institutions and respect can be shown using other means too. Â Article 19 1 a of the Indian Constitution guarantees to all citizens, the right to freedom of speech and expression. It was first introduced by the Greeks.

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freedom of speech and expression in india

So it can be concluded that there should be at least some limitations or restrictions put on the freedom of speech and expression so that people do not take this right for granted, there is less violence, people start self- policing themselves and it will also help in maintaining uniformity, discipline, stability and order in the country. In the current pandemic, attempts to control media and press have opened a new battlefront, where the Modi government Alakh Alok Srivastava v. By doing so they wanted to make it immune from the vagaries of momentary short-sighted political temptations of politicians. The Preamble to the Indian Constitution also provides to its citizens, the liberty of thought and expression. Navya Aggarwal and Aadya Malik are third year students at Jindal Global Law School, O. Constituent Assembly Debates: Drafting Freedom of Speech and Expression The dawn of freedom exalted the hopes for a flourishing free speech in the newly independent country. The Court held that the right to freedom of speech and expression in India includes the right to not speak or sing.

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Freedom of Speech & Expression

freedom of speech and expression in india

 Security of the State The government has the right to deny the freedom of speech and expression to protect the security of the State. Why freedom of the press is important in the Indian context? There were two petitioners and both were from different newspapers. Our country fosters severallaws that scotch free speech, like Satanic Verses by Salman Rushdie. Working a democratic constitution: the Indian experience. The court held that the expulsion of students on the ground that it was their fundamental duty to sing the national anthem was upheld. After attaining freedom, the Constituent Assembly convened on 2nd December 1948 to discuss and debate freedom of speech and expression.

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Do Indians Have Freedom of Speech?

freedom of speech and expression in india

Retrieved 18 August 2022. Although these cases rarely result in a conviction, it is used as a The vague phrase "decency or morality" used in article 19 2 of the constitution has long enabled the state to engage in wide spread According to the estimates of "the right to freedom of speech and expression" Article 19 1 a. But Indira Gandhi had opposite or conflicting views in respect of Jawaharlal Nehru. In this case, three students were expelled by the school authority on refusal to sing the National Anthem. The court took the view that, the freedom of press was prolongated to engage itself in any kinds of debates comprising of any public official or crisis.

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Freedom of Speech and Expression in the Field of Comedy

freedom of speech and expression in india

All the fundamental rights are enshrined in Part III of the Constitution of India. . In Sakal Papers Ltd. Maneka Gandhi the appellant Mr. ·What kind of impact is it going to create on the people in the society? Hence, citizens have been restricted to make statements that can harm this hard-earned sovereignty and hurt the integrity of the nation. During the Constituent Assembly Debates , Damodar S.

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Freedom of Speech and Expression in India: Legal Analysis

freedom of speech and expression in india

It has made the transmission of information possible, even to other parts of the world within a fraction of second. Â Contempt of court can be defined in two categories i. The article mainly spoke of the investigation process which was held and also about the bribe taking. The broad interpretation of the sanctions instils a sense of fear in the minds of the citizens who thereby self-censor their speech. There is also a test that determines whether an act affects law and order or public order. Issues like fake news, rumor-mongering, etc have given a considerable headache to many nations.

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Freedom of Speech and Expression

freedom of speech and expression in india

In the case of Tata Press Limited v. Free speech and expression have always been important throughout history as it facilitates many changes, one of which is the French revolution. Free speech is also an inherent social good that advances the cause of democracy and Thus, while drafting the constitution of independent India, to declare free speech a fundamental right. State of Delhi AIR 1950 SC 129 , the validity of censorship previous to the publication of an English Weekly of Delhi, the Organiser was questioned. The right of freedom of expression is significant in a democracy, information ideas help to enlighten political debate and are crucial to public accountability and transparency in government, for a democratic system to work, people have to be able to form their own opinions. Grounds of restriction It is necessary to preserve freedom of speech and expression in a democratic country. And then there are the journalists who are killed for doing their job.

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Freedom of expression in India

freedom of speech and expression in india

This includes broadcast media, electronic media and many other types of media. Courts all over the world struggle to answer certain questions regarding free speech. Nonetheless, their reasoning appears to be impressed by British and American jurisprudence on free speech. Retrieved 2 September 2017. I am currently in my third year of BLS;LLB.

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Freedom Of Speech and Expression In India

freedom of speech and expression in india

Journal of the American Academy of Religion. Freedom of Commercial Speech The current judicial position of commercial speech in India is that it can be seen as a part of freedom of speech and expression with reasonable restrictions given or guaranteed under Article 19 2 of the Indian Constitution. This newspaper used to play a leading part in the dissemination of news and in moulding public opinion. Â Sakal Papers v. So then ultimately it results in making the reader or the listener feel disappointed or dissatisfied. Its battle against free speech is often tainted with communalism.

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