By Madiya Mushtaq
The Blacklaw’s Dictionary defines hate speech as, “Speech that carries no meaning other than the expression of hatred for some group, such as a particular race, especially in circumstances in which the communication is likely to provoke violence.” Over the past decade or so, the instances of hate speech have only increased over time. Hate speech has been unbridled and unchecked. On the contrary, free speech, spoken by the minorities- slightly critical of the government has been bottled up as hate speech with an additional rigor of locking any dissenting voice behind bars. Legislative initiatives to control free speech therefore naturally give rise to worries that attempts to prohibit hate speech could stifle criticism and dissent.
Fundamental elements of human rights and the foundation of democratic and free societies are the freedoms of speech and opinion. Other essential rights, such the freedom of religion, to engage in public affairs, and to peacefully assemble, are supported by these freedoms. Unquestionably, social media and other digital media have strengthened people’s ability to find, receive, and share knowledge and ideas.
Right to Expression under the Indian Constitution
The cornerstone of every democratic society on the planet is freedom of speech. At its core, free speech is the ability to communicate openly and to receive information from others. It is regarded as the main requirement for autonomy. It is regarded as the “mother” of all other freedoms and one of the most important civil liberties that is shielded from restriction or repression by the government. This fundamental right to freedom of speech and expression is guaranteed by Article 19(1)(a) of the Indian Constitution. The Universal Declaration of Human Rights (UDHR) defines freedom of expression as a human right, and the International Covenant on Civil and Political Rights (ICCPR) protects the right to free speech under international human rights law. Since the right to free expression is not unqualified, certain restrictions are placed on it under Article 19(2). Nevertheless, law is the only means of restricting the right to free expression. Within the scope of this freedom is the ability to publish, market, and spread information.
Only Indian citizens are entitled to the freedom of expression under Article 19(1)(a); foreigners are not granted this liberty. Freedom of speech and expression is the ability to openly express one’s ideas and opinions through writing, art, publications, graphics, or any other medium. Therefore, it includes expressing one’s ideas, emotions, beliefs, and thoughts through any kind of visual presentation or communication medium, including signs, gestures, symbols, and the like. A free person is entitled to the rights specified in Article 19 of the Indian Constitution. These are common law or natural law rights rather than statutory rights. Therefore, every citizen has the freedom to exercise these rights, subject to set restrictions.
Article 19(1)(a) of the Indian Constitution
Freedom of expression serves four broad special purposes:
- It enables an individual to accomplish self-fulfillment;
- It assists in the revelation of reality and the veracity of claims; it enhances an individual’s capacity to participate in decision-making; and, aids in the knowledge of the truth, and the revelation of it.
- It supports and enhances an individual’s ability to engage in judgment making; and
- It supplies a mechanism for striking a significant compromise between social cohesion and social transformation.
It’s important to remember that the right to receive and transmit information has been included in the expanded definition of the right under Article 19(1)(a). The Supreme Court ruled in State of Uttar Pradesh v. Raj Narain that every citizen has the right to free expression and the freedom to receive and disseminate information on matters of public concern under Article 19(1)(a) of the Constitution. According to Secretary, Ministry of Information and Broadcasting, Govt. of India v. Cricket Association of Bengal, the freedom to gather and disseminate information is contained in Article 19(1)(a) of the Indian Constitution. The print media is a powerful tool for information dissemination and reception for every individual.
Origin and importance of the Right To Speech And Expression
India places a high value on freedom of expression. Its importance becomes immediately clear when one realizes that the preamble of the constitution guarantees everyone the freedom of expression, opinion, faith, worship, and religion, among other things. Article 19(1)(a) of the Constitution establishes the fundamental right to freedom of speech, which is further reinforced by the Preamble. There is a long and rich history behind the freedom of speech. It can be found in the international human rights conventions of today. It is believed that the concept of free speech first emerged in the late fifth or early sixth century BC. Two of the main principles of the Roman Republic were freedom of speech and religion.
In India, insertion of a Constitutional Article was a major feat in crystallizing the right of freedom of speech in India. Democracy in itself bases itself on unhinged debates, discussions and dialogue which do not only act as ‘corrective of government action’ but also ensures proper checks and balances. It is obvious that having the ability to freely express one’s opinions is crucial. The promotion and protection of free speech is the cornerstone of democratic governance. The democratic process cannot function properly without this autonomy. The freedom to express oneself and to engage in free speech is a prerequisite for autonomy. In the hierarchy of freedoms, it has a prominent position and offers protection and support to every other freedom. That it is the origin of all other freedoms is accurate.
A concise paragraph cannot fundamentally explain the evolution of right of freedom of speech in India, as this growth has not been linear, it has gone through its highs and lows, to reach a point where it has metamorphosized into a progressive concept now.
However, a peek into what rigor is existent on the present concept of freedom of speech is required to understand what constitutes ‘hate speech’ and whether what is censored as ‘hate speech’ can really be categorized as such.
Grounds for restrictions on Speech And Expression Freedom
Article 19(1) rights cannot be restricted by operative or departmental orders; only a “Law” has this authority. Complete or unrestricted freedom is impossible. Freedom of speech and expression is curtailed by Article 19(2) of the Constitution, which permits the State to impose “reasonable” restrictions on the grounds listed below.
- Sovereignty and integrity of India.
- Security of the State.
- Friendly relations with foreign states.
- Public order.
- Morality or decency.
- Contempt of Court.
- Defamation.
- Incitement to an offence.
Hate speech refers to statements meant to incite hatred toward a specific group, which could be a community, a religion, or a race. This speech might or might not be meaningful, but violence is probably going to happen.
Hate speech is defined by the Bureau of Police Research and Development as any language that disparages, insults, threatens, or targets an individual based on their identity and other traits (such as sexual orientation, disability, or religion, among others). This manual is intended to assist investigating agencies in cyber harassment cases.
The right to free speech is a fundamental component of democratic societies, even in a time when information and ideas may be shared more easily than ever. It is a fundamental freedom that gives people the ability to voice their opinions, question the current quo, and engage in intellectual exchanges. This freedom does have some restrictions, though. A dangerous abuse of this freedom is hate speech, which is defined as any communication that disparages or discriminates against someone based on their gender, race, religion, ethnicity, or other identification characteristics. It is critical to understand that hate speech contradicts the same ideals of equality, respect, and dignity that free speech is meant to uphold, and that it should not be tolerated under the pretense of free speech.
Hate speech is a violent kind of expression that can have serious negative effects on one’s social and psychological well-being. It targets people or groups according to innate traits, encouraging animosity, violence, and discrimination against them. Unchecked hate speech can have disastrous effects, as history has demonstrated. In Nazi Germany, it fueled the Holocaust, and in Rwanda, it contributed to the genocide against the Tutsi population.
The consequences of hate speech are very severe in today’s culture. It muffles the voices of those who are the targets by creating an atmosphere of fear and intimidation. This has the chilling effect of making members of marginalized groups feel as though they must avoid public discourse, which reduces the diversity of viewpoints that is necessary for a robust democracy.
The Limits of Free Speech
Although it is frequently defended as an unalienable right, freedom of speech has always had some restrictions. Around the world, when free speech violates other fundamental rights, it is restricted by legal frameworks. Laws against defamation, prohibitions on inciting violence, and prohibitions on the use of child pornography are a few instances of how society acknowledges that there are some forms of communication that are harmful and outweigh the advantages of free speech.
Hate speech belongs in this type of language that is damaging. It blatantly violates principles like equality, respect for one another, and unrestricted thought interchange that free speech is intended to uphold. We run the risk of weakening these ideals by enabling hate speech to proliferate unchecked, fostering a culture that values division and fear above communication and understanding.
Conclusion
Although it is an essential part of democratic society, the right to free speech is not inalienable. It is important to strike a balance between the right to free speech and the responsibility to protect people and communities from hate speech. The same values of equality, respect, and dignity that free speech is supposed to protect are undermined when hate speech is permitted to grow under the cover of the right to free speech. Therefore, limiting hate speech is not only justified but also essential to keep the marketplace of ideas as a forum for healthy discussion rather than a haven for violence, fear, and division.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The author is Advocate, Supreme Court of India and can be reached at [email protected]
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