EDITORIAL ANALYSIS : The freedom of speech and an ‘adolescent India

Source: The Hindu

• Prelims: democracy, FRs, freedom of speech, G7 etc
• Mains GS Paper I and II: Role of civil society in a democracy etc

ARTICLE HIGHLIGHTS

• Tocqueville: “The maturity of a nation is the capacity of the people of that nation to act responsibly in the face of social flux”.

INSIGHTS ON THE ISSUE

Context

Article 19 of the Constitution:

• It guarantees the right to freedom of speech and expression, and is invoked against the state.
• Article 19(1) in The Constitution Of India 1949, All citizens shall have the right:
  • (a) to freedom of speech and expression;
  • (b) to assemble peaceably and without arms;
  • (c) to form associations or unions;
  • (d) to move freely throughout the territory of India;
  • (e) to reside and settle in any part of the territory of India; and
  • (f) to practice any profession, or to carry on any occupation, trade or business.
• Article 19(2) in The Constitution of India 1949:
  • Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause:
    • in the interests of the sovereignty and integrity of India
    • the security of the State
    • friendly relations with foreign States
    • public order, decency or morality
    • In relation to contempt of court, defamation
    • Incitement to an offense.

The concept of freedom of speech is a western notion:

• It was propounded by Voltaire and Rousseau.
• Freedom of liberalism by Voltaire: “I wholly disapprove of what you say and will defend to the death your right to say it.”
• Bertrand Russell’s masterpiece on western philosophy: The right to not just think freely but also to criticize the state is very fundamental to western notions of democracy.
• Justice Holmes in celebrated case of Abrams vs United States, in America: When men have realized that time has upset many fighting faiths, they may come to believe that the ultimate good desired is better reached by free trade in ideas”

India:

• R. Ambedkar: ‘As to freedom of speech it exists. But it exists only for those who are in favor of the social order.
• The first 50 years of freedom were spent in framing the contours of this freedom.
• The 1990s and 2000s brought with it unprecedented economic progress, and brought us to the last decade — and also the transition from infancy to adolescence.

Issues with freedom of speech in present scenario:

• The muzzling of unpopular opinions done through mob power
• Actions for defamation
• Social media blackouts and vetoes
• Calls for bans and boycotts of films and books.
• Persons perceive insults and commence protests and lawsuits.

What are the implications of such moves?

• Free speech is unpopular when it unsettles the existing order.
• People feel uneasy when someone stands up and says we have been doing things wrong and that things must change.
• People maintain the status quo by suppressing unpopular speech.

How democracies can be brought to life:

Conditions Precedent for the Successful Working of Democracy:

• Absence of glaring inequalities
• Presence of an opposition
• Equality of law and administration
• Observance of constitutional morality
• Avoidance of tyranny of majority over minority
• A functioning of moral order in society
• Public conscience

Way Forward

• Freedom of speech is under threat not only vertically (that is to say, from the state) but also horizontally (that is to say, from other citizens).
• Public opinion: This trend, if not arrested, can lead to a nation’s inhabitants surrendering their independence to a domineering public opinion.
  • This, in turn, yields to persons depending on a doting, parent-like guardian state for all “freedom”.
• Kaushal Kishore’s case(2023): SC declared that the fundamental rights of Indians are exercisable not only vertically but also horizontally.
  • The Court concluded that such fundamental rights can be enforced even against persons other than the state and its instrumentalities.
• If every citizen enforces their fundamental freedoms not only against the state but against each other, to the fullest extent, we will then seize back the power to define our own freedoms.

QUESTION FOR PRACTICE

Q. India and the USA are the two large democracies. Examine the basic tenets on which the two political systems are based.(UPSC 2018) (200 WORDS, 10 MARKS)