Thursday, March 6, 2014

Understanding Freedom of Expression


What is the issue?


They arrested two girls from palghar for questioning on facebook the need to close down the Mumbai city after death of Bal Thackreay, They closed a hotel in mumbai for criticising government on footnote of bill recipt, They threatened the relase of Vishwaroopam of Kamal Hasan, They gaged the press during emergency, ...They did not allowed even video address of Salman Rushdie at Jaipur Litearture Festival, They banned 'The satanic verses' of Rushdie. They banned 'Shivaji The Hindu king in Islamic India' of James Laine. They forced M F Husain the extraordinary painter to die in exile, They beaten up the women for celebrating valentine day with male partners in Mangalore, They slapped charges of sedition on Assem Trivedi for his cartoons, They vandalished the shows of 'Ghasiram Kotwal' of Vijay Tendulkar
and They forced to close down the band of girls for being UnIslamic in Kashmir.!
Now whether these actions were right or wrong is secondary, what is important is these things happen.

 

What is need of Freedom of Expression?

First, No idea is completely 'False', if we ban 'False' idea we would lose that element of truth that they contain. Second, Truth does not emerge by itself, it requires conflict of opposing views to emerge, Third, Conflict of ideas is valuable, Finally, we can not be sure that what we consider true is actually true.
Hence freedom of expression has its utility in search for truth. Whole world ridiculed Copernicus for holding that earth is round and revolve around the sun. We now know who was correct. Nobody has monopoly over truth, apart from that freedom of expression is absolutely essential for fullest development of individual.

What constitution says?

Right to Freedom of speech and expression is fundamental right as per article 19(a) of constitution. Freedom of expression includes freedom of press, Right to Information and therefore RTI, 2005 is implicit in freedom of expression because without information there can not be expression. Freedom of expression does not just mean right to speak, it means right to silence as well, it means right to express views, opinions, beliefs, convictions of self and others. Freedom of expression being fundamental and human right is universal i.e. available to all, it can not be granted it can only be recognized, as it is not granted hence it can not be taken away i.e unalienable.

Is freedom of expression absolute?

No, it is not. There are certain 'Reasonable Restriction' on the ground of sovereignty, integrity and security of India, public order, friendly relations with foreign states, decency or morality, contempt of court, defamation and incitement to an offence. We need to understand 'Obedience without liberty is slavery, and Liberty without obedience is confusion and anarchy' Freedom comes with a price best way to enjoy freedom is to think others have freedom as well..

What is the way forward?

Freedom of expression is absolutely essential, we need to learn to use this right responsibily. We as society should not get offended by petty matters, we should neglect sensationalism and shallow adventurism, we should respect others views and not necessarily agree to them. We should appreciate diversity, We should solve the issue within constitutional framework. I can not but appreciate when Voltaire said 'I disapprove of what you say but I will defend to death your right to say it'

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