In India, the right to freedom of speech and expression is enshrined under Article 19(1)(a) of the Constitution. However, it is not absolute and is subject to “reasonable restrictions” under Article 19(2). Recent legal developments have redefined the outline of this fundamental right in changing society.
Constitutional Provisions
Essentially Article 19(2) permits restriction on grounds such as:
- Sovereignty and integrity of India
- Security of the state
- Friendly relations with foreign states
- Public order, decency, or morality
- Contempt of court, defamation, and incitement to an offense
This works to protect individual liberties while addressing potential misuse.
What the judiciary has interpreted recently
- Public Order and Free Speech
In the Amish Devgan v. Union of India case (2020), the Supreme Court examined hate speech in the context of public order. Devgan, a television journalist, faced charges for communal remarks. The Court highlighted the responsibility of individuals, especially public figures, to use their speech constructively and avoid fueling discord. It ruled that speech that threatens public order cannot be shielded under Article 19(1)(a). - Liability and Digital Speech
The Shreya Singhal v. Union of India case (2015) remains a landmark judgment in digital freedom. The Supreme Court struck down Section 66A of the Information Technology Act, 2000, which criminalized “offensive” online content. The Court deemed the provision vague and overly broad, stating it posed a chilling effect on free speech. - Free Speech in Political Dissent
The case of Anuradha Bhasin v. Union of India (2020) dealt with restrictions on internet access in Jammu and Kashmir. The Court emphasized that freedom of speech and the right to access information are interconnected. While the judgment upheld certain restrictions for security reasons, it stressed that such measures must be proportionate and temporary. - Sedition Laws
Sedition, under Section 124A of the Indian Penal Code, has been a contentious issue. In Vineet Jindal v. Republic of India (2023), the Supreme Court highlighted the misuse of sedition laws to curb dissent. The Court reaffirmed the importance of free speech in a democracy, calling for a reassessment of outdated colonial-era laws.
Despite its constitutional guarantee, free speech in India faces significant challenges:
- Censorship: Media platforms, including social media giants, often face pressure to remove content deemed offensive by authorities or influential groups.
- Misuse of Defamation Laws: Defamation suits, both civil and criminal, are frequently used as tools to stifle criticism.
- Mob Censorship: Social backlash and threats often discourage individuals from expressing controversial opinions, creating a culture of self-censorship.
- Internet Shutdowns: India leads the world in internet shutdowns, often imposed to curb dissent or maintain public order.
Judiciary and Civil Society
The judiciary has played a pivotal role in defining the limits of free speech. Courts have emphasized that dissent is integral to democracy, as reiterated in Romesh Thapar v. State of Madras (1950). Civil society, too, has been instrumental in advocating for greater freedoms and opposing draconian measures.
Where to go from here?
- Legislative Reforms: Updating outdated laws like sedition and defamation to align with contemporary democratic values is essential.
- Judicial Oversight: Strengthening judicial oversight on government-imposed restrictions ensures accountability.
- Public Awareness: Educating citizens about their rights and the importance of free speech fosters a more informed and resilient society.
- Encouraging Open Dialogue: Platforms for constructive discourse can mitigate polarization and promote mutual understanding.
As India grapples with new challenges, from digital censorship to the misuse of sedition laws, the balance between individual freedoms and societal order must be carefully maintained. A true democracy requires not only the protection of free speech but also its responsible exercise.
Written by Anushka Sriram
