Bishaldeep Kakati
(Advocate, Gauhati High Court)
After 200 years of colonialism, the republic of India finally got its independence on the 15th of August 1947. Post-colonialism, the citizens of free India witnessed numerous changes in its process of administration, but the biggest gift that the residents of India got was the Constitution of India. The Constitution of India that remains the supreme law of the land is the protector of every individual's rights and identity and at the same time, it is that sacred element that every citizen of India must follow and pay reverence to.
Amended more than a hundred times, the Constitution of India guarantees to every citizen of India certain fundamental rights which cannot be interfered with even by the legislative, executive or judiciary. Every act, law or by-law that comes into force has to be constituted keeping in terms with the Constitution of India. Therefore, it remains the duty of every Indian citizen to read, understand, analyse and at the same time apply the provisions of it in their day-to-day lives.
Part III of the Indian Constitution from articles 12-35 deals with Fundamental Rights. And under the ambit of part III of the Indian Constitution lies the most talked about Article 19 of the Indian Constitution that guarantees to the citizens six rights. Out of the six rights, the citizens are often found enjoying, talking, debating, discussing and critically analysing Article 19(1) (a) of the Indian Constitution that states, "All citizens shall have the right to freedom of speech and expression."
Freedom of Speech and Expression means the right to express one's views and opinions freely either orally or by writing, printing, via pictures or any other mode. The mode of expression can also be via gestures, signs and it connotes publication and therefore freedom of the press is also included under this right. Freedom of Speech and Expression remains one of the crucial fundamental rights for the world's largest democratic nation i.e. India. Democracy since time immemorial has always been a system of checks and balances, and the fundamental right of freedom of speech and expression stands as one of the basic pillars of the system of checks and balances. Freedom of speech and expression even provides the right to a citizen of India to either appreciate the policies and other rules and regulations undertaken by the government and at the same time also allows the citizens to criticize the government if the citizens find any policy, rule or law derogatory to the soul and spirit of the nation. But while enjoying the right of freedom of speech and expression the citizens often forget the provisions of Article 19 (2) of the Indian Constitution, which deals with reasonable restrictions imposed upon article 19 (1) (a).
The Constitution of India via its articles declares the fact that fundamental rights are not absolute and they are subject to reasonable restrictions as necessary for the protection of general welfare. Similarly, the most talked-about right, 'Freedom of Speech and Expression' also comes with certain reasonable restrictions that people usually tend to forget or apply when they enjoy the right guaranteed under Article 19 (1) (a). The grounds on which restrictions on the freedom of speech and expression can be imposed include- Sovereignty and Integrity of India, Security of the state, friendly relations with the Foreign States, Public Order, Decency or Morality, Contempt of court, Defamation and Incitement of an offence.
Under the clause of sovereignty and integrity, freedom of speech and expression can be restricted so as not to allow any person to challenge the integrity or sovereignty of India or to confabulate about the cession of any part of India from the union. People who challenge the sovereignty and integrity of India are imposed with section 124-A of the Indian Penal Code, which defines the offence of sedition. Reasonable restrictions can also be imposed on the right of freedom of speech and expression in terms of the security of the state. The expression 'Security of the State' refers to serious forms of public disorder, like rebellion, waging war against the state, insurrection etc. But it doesn't mean simple breaches of public order and public safety like unlawful assembly, riot, affray etc.
Restrictions can also be imposed on the freedom guaranteed by Article 19(1) (a) when the talk comes about friendly relations with foreign states. This ground was added by the Constitution (1st Amendment) Act, 1951. This restriction was incorporated to prohibit malicious propaganda against a friendly foreign state that may jeopardize the nation's good relations with that state. In fact, in India, the Foreign Relations Act, 1932 provides punishment against aspersions by citizens of India against foreign dignitaries. Public order is also a key ingredient based on which reasonable restrictions can be imposed on the fundamental right of speech and expression. Freedom of Speech and Expression should not be misused in such a manner that it disturbs the state of tranquillity prevailing among the members of the political society. Decency and Morality is another ground of reasonable restriction on the right of speech and expression. The expression 'decency or morality are of wide meaning and it in a way refers to the publication of things that are not obscene. Sections 292 to 294 of the Indian Penal Code provide instances of restrictions on freedom of speech and expression in terms of decency and morality. Along with these, willful disobedience to any judgement, decree, order of the Court resulting in 'Contempt of Court', a statement which harms or injures the reputation of an individual leading to 'Defamation' and speech and expression that confers a license to incite people to commit an offence known as 'Incitement to an Offence', all stand as reasonable restrictions as one enjoys the freedom of speech and expression guaranteed by the significant article 19 (1) (a) of the constitution.
Often people of India are found blaming the system for snatching away their fundamental right of freedom of speech and expression. Post-independence, India has been liberal enough to allow its citizens to fully use the provisions of Article 19 (1) (a) of the Constitution, but most of the citizens have been ignorant about the restrictions imposed on it by Article 19 (2). This has in turn resulted in a lot of disturbances in civil society. Hence when the citizens enjoy the freedom of speech and expression, they at the same time should respect the reasonable restrictions imposed on it by Article 19 (2) of the Constitution.