The Indian Constitution provides the fundamental right to freedom of speech and expression under Article 19(1)(a). However, this right is not absolute and is subject to reasonable restrictions as outlined in Article 19(2). These limitations are essential to maintain public order, decency, and morality in society.
While the right to offend is acknowledged, it is not absolute. For instance, a comedian's act that critiques patriarchal norms may be offensive but remains protected unless it incites violence. Conversely, hate speech directed at lower castes, urging their social boycott, falls under restricted categories.
The portrayal of societal issues has evolved in Indian cinema. Bollywood films that once romanticized stalking are now scrutinized for their implications on societal norms. Similarly, a Dalit activist's book that critiques caste oppression may offend certain groups but is still protected under freedom of expression. However, calls for violence against oppressed castes are punishable under law.
In essence, freedom of speech in India must be balanced with the principles of dignity, equality, and public order. As articulated, “Justice is conscience, not a personal conscience but the conscience of all humankind.” This underscores the collective responsibility to ensure that freedom of speech does not infringe on the rights and dignity of others.
Q1. What does Article 19(1)(a) of the Indian Constitution guarantee?
Answer: Article 19(1)(a) guarantees the right to freedom of speech and expression, allowing individuals to express their opinions freely within reasonable restrictions.
Q2. What are some reasonable restrictions under Article 19(2)?
Answer: Reasonable restrictions include prohibiting speech that incites violence, endangers public order, or spreads misinformation about caste-based reservations.
Q3. Can hate speech be considered free speech in India?
Answer: No, hate speech that incites violence or promotes social boycott against any community is not protected under the right to free speech.
Q4. How does the law view content that glorifies marital rape?
Answer: Content promoting marital rape as acceptable tradition is viewed as violating decency and morality, and can face legal consequences.
Q5. Are there legal consequences for advocating honor killings?
Answer: Yes, advocating honor killings under caste purity is illegal and can lead to severe legal action against the perpetrators.
Question 1: What is guaranteed under Article 19(1)(a) of the Indian Constitution?
A) Right to property
B) Right to freedom of speech and expression
C) Right to equality
D) Right to privacy
Correct Answer: B
Question 2: Which of the following is a reasonable restriction under Article 19(2)?
A) Freedom to protest
B) Speech promoting violence
C) Artistic expression
D) Academic freedom
Correct Answer: B
Question 3: What does the term 'hate speech' refer to?
A) Speech that promotes peace
B) Speech inciting violence against specific groups
C) Speech based on personal opinion
D) Speech that is humorous
Correct Answer: B
Question 4: Can a book critiquing caste oppression be legally challenged?
A) Yes, if it promotes violence
B) No, it is protected under free speech
C) Yes, if it offends the majority
D) No, if it has factual data
Correct Answer: B
Question 5: What legal action can be taken against someone advocating honor killings?
A) None
B) Community service
C) Imprisonment
D) Fines
Correct Answer: C
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