Recently, several incidents in India have highlighted the delicate balance between Freedom of speech and expression on one hand and the right to reputation on the other. These incidents revolve around freedom of speech and expression, recognized as a Fundamental Right in Article 19(1)(a) of the Indian Constitution. However, it’s crucial to note that this right is not absolute, and Article 19(2) outlines specific grounds for restricting this freedom, including:
- Maintenance of Public Order
- Sovereignty and Integrity of India
- Security of the State
- Friendly Relations with Foreign States
- Decency or Morality
- Contempt of Court
- Defamation
- Incitement to an Offence
India, as an ancient civilization, has always been a plural, diversified, multi-ethnic, and stratified society. The Constitution grants certain freedoms for expression, but with restrictions. It’s essential to understand that freedom of opinion is not absolute in India.
Defining offensive speech is challenging, as it can be subjective. Right-wing groups often exploit this ambiguity to threaten free speech, as seen in the case of ‘Perumal,’ a writer in Tamil Nadu. Clear guidelines are necessary for addressing hate or offensive speech.
In a plural, secular, and democratic society like India, there is a moral and institutional responsibility to ensure that opinions are not offensive or ethically wrong. Every citizen has equal and commensurate fundamental rights. The Supreme Court and Human Rights Commission consistently emphasize the need to protect the plural order of society. To progress towards an egalitarian society, it is imperative to respect others’ opinions and articulate them in a way that avoids causing harm to others’ feelings.
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