#righttofreedomofexpressionandspeech

If India is progressing then where is the so called “Freedom of Speech and Expression”

Rahul Jain
3 min readJan 31, 2020

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“Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties”.

-John Milton.

A wonderful written quote saying that it is a basic requirement for a human being to be expressive and say what he wants, but in India, I think the laws for the right of expression have been in place for quite a while, but not in practice as mostly if you have an expression or speech that goes against the ruling parties/ politician then you are going to jail. Although the Indian Constitution has safeguards to protect individuals right to exercise the freedom of expression and speech, which is Article 19(1)(a)(b) of the Constitution of India 1949 law states that,

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

But is it actually being allowed as it is seems that if someone expresses his views on a prominent figure he could be arrested like the case of Sattar Khan from Madhya Pradesh, who was arrested for making offensive statements against an RSS chief under Section 66A of the Information Technology Act, 2000 (which was abolished by the Supreme Court a few months before the arrest of Sattar) in 2015. Its irony how the legal system can violate the basic rights so easily.

Indian judiciary system has also not been really helpful in curbing the culling of right to freedom of expression and speech by the government as it should have already abolished the Draconian Section 124A. Sedition, which states that,

“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

It has been in the picture since the British era and still being misused to arrest and curb the rights of Indians exercising their basic right to freedom of expression and speech. The most interesting that is that this law is applicable only to a common citizen and not the VIPs, and they can say anything they want without any fear of consequences.

India maybe boasting in economic development, but the progress of a country by the development of its people who are contributing for that. If the Indian government cannot even save the basic rights of Indians then what is the use of boasting about a fast emerging economy that has democracy in its veins.

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