Understanding Freedom of Speech and Expression

In the words of Sormen Kierkegaard........

“People demand freedom of speech as a compensation for the freedom of thought which they seldom use.”

“Freedom” is a very important term for all of us and we Indians are being awarded with this right by our Constitution framers .Our visionary Constitution framers had actually imagined that the people of this democracy really need the gift of freedom and liberty. While drafting the Constitution they observed the feature of American Constitution (Bill of Rights) and took inspiration from it and awarded us with all major freedom under article 12-35.They ensured that every realm of the society gets covered under this one umbrella and this country rejoices every bit of it.

A very important freedom that is being awarded in this list is “Freedom of Speech and Expression” under article19 (1)(a). Freedom of speech and expression plays a vital role in every individual’s life as we cannot imagine our existence without it. We Indians struggled for our freedom of expression since British era, they suppressed us by imposing various press regulatory acts .Right from press regulations)(1799) to the gagging act(1857) and then to Vernacular Press Act(1878) but we continued for our struggle for freedom.

Article 19(1)(a) explains that every individual has a right to express himself and can have his own opinions of thought. They can support any opinion, any belief of their own choice and Constitution gives them this right but at the same time Constitution mentions about Article 19(2) which states that freedom also has restrictions on it. Reasonable restrictions can be imposed on the grounds of sovereignty , integrity, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court,defamation and incitement to an offence.(source:Indian Polity by M Laxmikanth).

“Laws alone cannot secure freedom of expression in order that every man present his views without penalty there must be a spirit of tolerance in the entire population” -ALBERT EINSTEIN