The freedom of speech and an ‘adolescent India’

Source– The post is based on the article “The freedom of speech and an ‘adolescent India’” published in The Hindu on 7th February 2023.

Syllabus: GS2- Significant provisions of constitution

Relevance– Right to freedom in India

News– The article explains the notions of freedom of speech in India and the west. It also explains the evolution of this freedom in India.

What is the notion of freedom of speech in India?

The freedom of speech is one of the most cherished freedoms. The Constitution of India provides this freedom. But, it is subjected to the interest of public order, the sovereignty and integrity of India.

The concept of freedom of speech is a western notion. While some form of freedom may have existed in ancient Greece. The real freedom of speech was propounded by Voltaire and Rousseau.

B.R. Ambedkar says freedom of speech exists only for those who are in favour of the social order. The freedom is not the freedom of liberalism which was expressed by Voltaire.

There is some evidence that the freedom of expression existed within state-defined boundaries. The content of the debates of Adi Shankara or Saint Thirugnana Sambandar seem remarkably liberal. Yet, this freedom did not extend to criticism of the king or his royal policies.

What is western thought on freedom of speech?

Full freedom of thought and expression has emerged from the West.

The freedom of speech and thought in the west was the freedom from limits set by the state. Bertrand Russell traces the history of free thought to its culmination.

A man’s right to think freely supersedes his duty of obedience to the state. The right to not just think freely but also to criticise the state is very fundamental to western notions of democracy.

How freedom of speech has evolved in India after independence?

The first 50 years of freedom were spent in framing the contours of this freedom. This freedom was created through a series of judicial decisions.

These decisions have recognised freedom in a restricted form, defining more by exception than by rule.

The 1990s and 2000s brought unprecedented economic progress. It has led to a strong opposition to free thought.

The muzzling of unpopular opinions is now done through mob power, actions for defamation, social media blackouts. Calls for bans and boycotts of films and books are done for the silliest of reasons.

Persons perceive insults and commence protests and lawsuits. Banners in film theatres are burnt, art studios are vandalised and the staging of plays are stopped.

For the first time, freedom of speech is under threat not only vertically but also horizontally.

What is the reason for the present popular opinion on freedom of speech?

Indians oppose the opinions and expressions of others when they feel threatened by it. This sense of insecurity along with aggression runs as a common thread through all the oppressive actions.

We seek strength in numbers. The mob provides us the comfort and the anonymity to suppress opinions and views that we disagree with. Once all dissenting thoughts are suppressed, we will find only views that belong to us.

What is the way forward to enjoy real freedom of speech?

The Supreme Court of India in its judgement in Kaushal Kishore’s case declared that the fundamental rights of Indians are exercisable not only vertically but also horizontally. Fundamental rights can be enforced even against persons other than the state and its instrumentalities.

This judgement shows the way how India can emerge from this stage.

If every citizen enforces their fundamental freedoms not only against the state but against each other, they can seize back the power to define our own freedoms.