Limitation of freedom of speech and expression

Comments · 753 Views

This article states limitation of freedom of speech and expression in India.

The freedom of speech is regarded as the first condition of Liberty it occupies a preferred and important position in the hierarchy of Liberty it is truly said about the freedom of speech that it is the mother of all other Liberty freedom of speech and expression means right to express there conviction and opinions freely by word of mouth writing painting pictures or any other mode. Liberties express opinion and ideas without hindrance and specially without fear of punishment play a significant role in the development of that particular society and ultimately for the state. It is one of the most important fundamental Liberty is granted against state suppression or regulation. freedom of speech is granted not only by the constitution of statues of various States but also by various international conventions like universal declaration of human rights, European convention on human rights and fundamental freedoms, international convent on civil and political rights etc. This declaration expressively talk about protection of freedom of speech and expression.

In India freedom of speech enjoy special position. The importance of freedom of expression and speech can be easily understand by the fact that preamble of the Constitution itself in service to all citizen inter alia, Liberty of thought expression belief faith and worship. Article 19 1 a as freedom of speech and expression explaining the scope of freedom of speech and expression Supreme Court has said that the freedom of speech and expression was be broadly  circulate freedom by one views by words for mouth or in writing. it is necessary to maintain the preserve freedom of speech and expression in democracy so also it is necessary to place some restrictions on this freedom for some maintenance of social order because no freedom can be absolutely completely unrestricted.

  • Security of state: security of state is a vital importance and the government must have reasonable power to impose restrictions on the activity affecting it. Under article 19 to reasonable restrictions can be imposed on freedom of speech and expression in the interest of security of the state.
  • Friendly relation with foreign States: in the present global world a country has to maintain good and friendly relation with other countries. Something which has potential to affect such relationship should be checked by the government keeping this thing in mind this ground was added by the constitution in 1951.
  • Public Order: next restriction prescribed by the constitution is the maintain public order this grand was added by the constitution in the public order expression of white connotation and signifies that the state of tranquility which prevails among the member of political society as a result of internal regulations forced by government which they have established
  • Decency or morality: the way to express something or to say something should be decent one it should not affect the morality of the society adversely. Our constitution has taken care of this one and inserted decency and morality as a ground. No fixed standards is laid down till now as of what is morality and indecent is the standard of morality varies from time to time and from place to place.
  • Contempt of court: in a democratic country judiciary plays a very important role in such situation become the essential to respect such institution and its order. Thus, restriction on freedom of speech and expression can be imposed if it is exceed the reasonable and fair limit and amounts to contempt of court.
  • Defamation: one’s freedom be it of any type must not affect the reputation of status of another person a person is known by his reputation more than his wealth or anything. Constitution considers it as a ground to put restriction on freedom of speech. Basically a statement which enjoys a man's reputation amount to defamation.
  • Incitement to an offence: this ground was also added by the constitution obviously freedom of speech and expression cannot confirm a right to inside people to commit of offences the word offence is defined as an act or omission bade punishable by law for the time being in force.
  • Sovereignty and integrity of India: to maintain sovereignty and integrity of a state is a primary duty of the government taking into account freedom of speech and expression can be restricted so as not to permit anyone to challenge sovereignty or to permit anyone to preach something which will result in threat to integrity of the country.
Comments