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441 Freedom of Speech and Human Expression Vol. XXXIX, No. 2 ISSN-0970-8693 FEBRUARY 2019 Rs. 20 Freedom of Speech and Human Expression Freedom of Speech and Human Expression Sanjay Parikh* - Sanjay Parikh (1) Freedom of speech and expression is the most fundamental and most precious among all other human rights, on realization of which alone the other rights become meaningful. UN Human Rights Committee (in Nayantara Sahgal's Speech She Wasn't General Comment no. 34 on Article 19: Freedom of opinion and Allowed to Deliver (3); Right to Development expression) had said that: “Freedom of expression is a necessary an Inalienable Human Right - Ravi Kiran Jain condition for the realization of the principles of transparency and (7); Indian Society, Politicians still Hindering accountability that are, in turn, essential for the promotion and protection Women's Empowerment - Pushkar Raj (11); of human rights.” And that:” The freedoms of opinion and expression form Bulandshahar: Unravelling the Anatomy of A a basis for the full enjoyment of a wide range of other human rights.” It is however, interesting to know the development of this most important Riot - Ram Puniyani (13); PUCL Delhi Sharing a right without which human freedom has no meaning. Despite Benjamin poem - We live in Democracy (14); Franklin expressing his views as back as in 1731 in his paper “Apology for Surveillance State is a Reality Now - V. Printers” that “printers are educated in the belief that when men differ in Venkatesan (14); Fact Finding Report on opinion, both sides ought equally to have the advantage of being heard by Violence unleashed on workers (17). the public…” and Franklin D. Roosevelt acknowledging that freedom of speech is the first among four essential human freedoms followed by freedom of religion, freedom from want and freedom from fear, when the Announcement of the PUCL National United States Constitution was written, surprisingly, it contained no th st nd provision concerning the freedom of speech. It came subsequently (1791) Convention on 28 Feb., 1 & 2 March at in the form of the “Bill of Rights” where it was said in no uncertain terms that Bengaluru (1); Press Statement: PUCL Congress should make no law abridging the freedom of speech or of the Welcomes Notice Issued by SC on press. But only a few years later, the Sedition Act was passed (in 1798) Continuing Prosecutions u/s 66A IT Act (7); under which journalists, printers and editors were detained only on the PUCL Maharashtra: Press Statement in charge of criticizing the public figures. Realizing the draconian nature of Solidarity with protesting BEST Workers (11); the Sedition Act and that it runs totally contrary to the constitutional pledge, Dr. Nasar Firdausi Passed Away (12); PUCL Sedition Act was put an end to and at that juncture Thomas Jefferson Rajasthan: Letter to DG – Prisons, GOR (12); made the following famous statement: “The basis of our governments PUCL Press Statement: Going Beyond being the opinion of the people, the very first object should be to keep that Te l e p h o n e t a p p i n g t o E l e c t r o n i c right; and were it left to me to decide whether we should have a Communication Surveillance (20) government without newspapers or newspapers without government, I should not hesitate to prefer the latter. But I should mean that every man should receive these papers and be capable of reading them.” Annual Subscription: PUCL Bulletin (w.e.f. January 01, 2017) INDIA Contd. on page no. 2 PUCL Members Rs. 200 Non-Members Rs. 240 Announcement of the PUCL National Convention on Libraries, Institutions Rs. 300 th st nd OVERSEAS 28 February, 1 & 2 March at Bengaluru PUCL Members US$50 The 15th PUCL National Convention is to be held in Bengaluru on 28th Non-Members US$100 st nd Libraries, Institutions US$120 February, 1 and 2 March, 2019 (Thrusday, Friday & Saturday). The Venue: Indian Social Institute (ISI) Campus, Benson Town, Bengaluru, Karnataka - 560046. For more details, please contact to Prof. YJ Rajendra, President, PUCL Karnataka. Mobile: 9449011530; Email: <[email protected]>. All PUCL Members are invited to attend the Convention. Ravi Kiran Jain, President; V. Suresh, General Secretary, PUCL National q 441 PUCL BULLETIN, FEBRUARY 2019 1 Contd. from page no. 1 in public interest or oppressive or greed, money and endless desires. In our Constitution Art 19(1)(a) shielding the corrupt. Recently, in Like caged parrot (expression used recognized the freedom of speech the famous case relating to the by the Supreme Court) you repeat and expression, which has been Right to Privacy, a Constitution whatever your boss says. expanded by the Supreme Court to Bench of the Supreme Court said The importance of freedom of include the right to impart that the right to question, to expression and how it is connected information, to receive information, scrutinize and to dissent which with ones inner being, was realized including the freedom of press. In enables citizens to scrutinize the when people who suffered solitary one of the judgments (LIC vs actions of the Government, is a part confinement, narrated their Manubhai) the Supreme Court said: of the constitutional rights; that experiences: they said that it was “Freedom to air one's views is the power to scrutinize and reason not so much pain of body but the lifeline of any democratic institution enables the citizens of a democratic excruciating and unbearable pain of and any attempt to stifle, suffocate polity to make informed decisions being isolated and not being able to or gag this right would sound a on the basic issues which govern communicate with others that kills death-knell to democracy and would their rights and it is this scrutiny the soul. Fear creates that isolation. help usher in autocracy or which ensures that socio-economic In a society where communication dictatorship.” benefits actually reach the of free ideas is constantly A free Press creates an atmosphere underprivileged for whom they are threatened with consequences, where criticism allows people to meant. The Court gave an example m i n d s t u r n i n t o a p r i s o n , evaluate the governmental actions. by quoting Prof. Amartya Sen, as to continuously hounded by fear, It hardly matters whether it is for or how restrictions in reporting and suspicion and surveillance. A against. Press gives a platform to criticism during the Bengal Famine society without the basic human the people to exercise their right of of 1943, made situations worse. right of freedom of speech and free speech – to express their views. Prof. Sen said that the calamity expression suffers the collective Press creates the democratic became worse not only because of mental death and then democracy space, which is needed for “lack of democracy in colonial India becomes a farce. safeguarding constitutional rights but also by severe restrictions on Tom Bethell, Washington editor of a n d v a l u e s o r r a t h e r t h e reporting and criticism imposed on Harper's magazine, in one of his c o n s t i t u t i o n a l m o r a l i t y - a n the Indian press, and the voluntary articles on the freedom of speech expression used recently by the practice of “silence” on the famine and expression discussed various Supreme Court. This is why Press is that the British-owned media chose threats which freedom of press called the fourth pillar. But what to follow.” suffers from. He said: “The most happens when an atmosphere of This right to speak emanates not serious threat to the freedom of the fear is created. It divides the press; only from the Constitution but press, however, comes not from those who are weak and ambitious because as human being we are well-intended but misapplied succumb to the pressure. Those responsible to react in a given government regulation, but from who stand by the values, faith and situation, which is unjust and unfair patriotic citizens who do not the responsibility people have put to an individual or to the society. It is particularly like it when the press on them, suffer. They face coercive of fundamental importance for an succeeds, as it does at times, in actions, face defamation suits, individual, that he is able to convey, making the country look badly criminal actions including sedition. without fear of any authority or governed. When this happens, it is They are physically assaulted and ensuing arbitrary actions, his curiously enough, the right-wing even killed. We are unfortunately feelings – his reactions. His and conservative elements in faced with this situation today. Fali expression creates him, makes him, society that most often clamor for a Nariman has rightly put it: “Today nurtures him, give his physical muzzle on the press …” the basic question is not of freedom appearance a shape, his mind a Somewhat similar reactions are of speech but freedom after dimension and his spirit - a hope to visible today in our society where speech.” The atmosphere impinges rise. His expression can come out under different nomenclatures – a on the very Rule of Law, which is as a poem, as a story, as a painting fanatic cult has taken dangerous supposed to protect the people or as a powerful dissent against proportions. It has no fear of law and without any discrimination – to act in injustice and oppression. He wants order. They firmly believe that the absolute good faith. others to know him through his government will not act against Freedoms to express one's views expression, without which 'He' does them because they represent a also include the right of dissent.
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