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The Indian Police Journal (April The Indian Police Journal Vol. LXI • No. 2 ISSN 0537-2429 April-June, 2014 April - June, 2014 l Vol. LXI l No. 2 EDITORIAL BOARD CONTENTS 1. Freedom of Expression and Hate Speech: Role of 4 Police and Civil Society Shri Rajan Gupta, IPS Dr. Justice B.S. Chauhan DG, BPR&D, MHA 2. On Civil Military Relations: Opportunities and 22 Challenges Chairman N.N. Vohra 3. “Is There Need for A Comprehensive Legislation 39 to Deal with Matters of Internal Security?” Shri Radhakrishnan Kini, IPS M.L. Sharma, IPS (Rtd.) ADG, BPR&D, MHA 4. Whistleblower Bill 75 Member Pankaj Kumar Singh, IPS 5. “Police Investigators” Stress Study 85 Varun Kapoor, IPS & Dr. Yamini Karmarkar Shri L. Mohanty, IPS 6. Work and Family Life Balance Among Police 106 Personnel: A Case Study of Punjab Police IG/Director (SPD) Rajpreet Kaur & Dr. Pardeep Jain Member 7. Social Media: Analysis of New Challenges and 123 Opportunities for Indian Law Enforcement Agencies Muktesh Chander, IPS Shri Sunil Kapur 8. Women Police in India 137 DIG/DD (SPD) Sankar Sen 9. State at Loggerheads: A Case of Insurgency in India 145 Member Shashi Kant 10. Issue of Police Autonomous Status in India: 158 Functional or Personnel Autonomy Dr. Megha Pandey Consultant Editor 11. Victimization of Public Space: Sexual Harassment 170 at Workplace Prof. S. Sivakumar Tanu Parashar 12. Development of the Occupational Stress Inventory 187 Indian Law Institute for Women Police Dr. S. Karunanidhi, T. Chitra 13. Illicit Proliferation of Precursor Chemicals in India 212 Rama Sundaralingam & V. Balasubramaniyan 14. Site Characterisation through Diatom for Forensic 219 Editor Consideration of Yamuna River at Allahabad M.K. Mishra, Vandana Vinayak, A.K. Gupta, Gopal K.N. Chowdhary Rajeev Kumar 15. A Novel Fluorescent Small Particle Reagent Based 227 on Eosin B Stain for Developing Latent Fingerprints G.S. Sodhi & Jasjeet Kaur 16. Crimes Against Women: Exploring the Police 234 Response Dr. Wakar Amin 17. Interview of Shri Rajan Gupta, D.G., BPR&D 243 18. Book Review: What is Good Police Performance 250 Badrish Pandit The Indian Police Journal 2 April - June, 2014 The Indian Police Journal (Gopal K.N. Chowdhary) Editor April - June, 2014 3 Dr. Anandswarup Gupta Memorial Lecture Freedom of Expression and Hate Speech: Role of Police and Civil Society Dr. Justice B.S. Chauhan* It is a privilege and honour for me to have been invited to deliver the Annual Dr. Anandswarup Gupta Memorial Lecture in the Bureau of Police Research & Development. Dr. Gupta, the first Director of the Bureau was a distinguished, outstanding & thinking Police officer & I pay my respectful homage to him. I also pay my respectful compliments to his family members present here. I chose this topic i.e. Freedom of Expression and Hate Speech: Role of Police and Civil Society as I find today this topic has assumed great importance and media today is full of issues pertaining to Hate speeches. No doubt for a memorial lecture this topic sounds to be little off-beat. But considering the relevance today I think on my part to speak on the issue in a more analytic way. This lecture contains my personal views. OLTAIRE had famously remarked- “I disapprove of what you say, but I will defend to the death your right to say it.” Freedom Vof speech and expression is the hallmark of a democracy. Freedom to air one’s views is the lifeline of any democratic institution and any attempt to suffocate or gag this right would sound a death knell to democracy and would help usher in autocracy or dictatorship1. However, with grant of any freedom comes responsibilities and duties and within this realm I believe the concept of hate speech lies. The concept of such freedom is to be able to speak and express ones thoughts and opinion freely without censorship. Speech is considered to be one of the most basic faculties of the human nature 1 Mark Cooray, Freedom of Speech and Expression (1997), Chapter 6 Author Intro: * Chairman, Kaveri Water Tribunal and Ex-Judge of the Supreme Court of India. 4 April - June, 2014 The Indian Police Journal as it comes naturally to every person. It is also seen as one of the most fundamental rights essential for a human living. Every person has the right to freedom of expression & speech and this is usually guaranteed by the concerned national Constitutions. This right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.2 The importance of free speech as a basic and valuable characteristic of society cannot be underestimated. Freedom of speech serves a number of functions. One of its most important functions is that decision- making at all levels is preceded by discussion and consideration of a representative range of views. This is very helpful. The freedom of speech and expression which flows as a natural right has been accorded protection under a number of international and regional instruments: ● Article 19 of the Universal Declaration of Human Rights expressly provides that everyone has the right to freedom of opinion and expression. ● Another significant protection at the international level is enshrined in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR elaborates on the freedom, as protected under the UDHR. It provides in express terms, how the States can restrict the freedom of expression, in accordance with law and in situations where it is necessary. ● The European Union (EU) Convention for the Protection of Human Rights and Fundamental Freedom, 1950, protects the individual’s freedom of expression in Article 10. This Article specifically provides for a restriction; that the right does not prevent states from requiring licences for broadcasting, television or cinema enterprises. Further, Article 10 itself sets out a fairly comprehensive list of allowed restrictions on freedom of expression by states. ● The American Convention on Human Rights is another regional instrument which incorporates the freedom of thought and expression in Article 13 which also deals with restrictions that 2 Toby Mendel, Restricting Freedom of Expression: Standards and Principles Background Paper for Meetings Hosted by UN Special Rapporteur on Freedom of Opinion and Expression, available at http://www.Iaw-democracy.org/wp-content/uploads/2010/07/10. 03. Paper-on-Restrictions-on-FOE. pdf. April - June, 2014 5 The Indian Police Journal may be imposed. The right of expression may not be restricted by indirect methods or means, government or private controls over newsprint, radio broadcasting frequencies, of equipment used in dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. ● Mention with regard to protection of freedom of speech and expression has also been made in another regional document- The African Charter on Human and Peoples’ Rights’. Article 9 of the African Charter discusses about the right of every person to receive information, as well as express and disseminate his opinions within the law.3 Position in India: Almost all Constitutions of democratic nations including India have given prime place to the right to free speech. About two decades ago while addressing the Newspaper Society, famous Indian jurist Nani Palkhivala observed: “Freedom is to the Press what oxygen is to the human being; it is the essential condition of its survival. To talk of a democracy without a free press is a contradiction in terms. A free press is not an optional extra in a democracy.”4 “The freedom of speech and expression benefits more the hearer than the speaker. The hearer and the speaker suffer as violation of their spiritual liberty if they are denied access to the ideas of each other.” This freedom is essential for the pursuit of truth.5 The freedom of speech and expression is regarded as the first condition of liberty.6 The Preamble of the Constitution of India itself secures, to the people, the liberty of thought, expression, belief, faith and worship. Free speech is one of the most coveted fundamental rights in the world. In India, the freedom of speech and expression is protected under Article 19(1)(a) of the Constitution of India. This is part of the basic fundamental rights. Though the Indian Constitution does not use the expression “freedom of press” in Article 19, but it has been included in one of the guarantees in Article 19(1)(a). This has been done by the wide interpretation given to this right by the able judiciary of the 3 Mark Cooray, Freedom of Speech and Expression (1977), Chapter 6. 4 Nani. A. Phalkhivala, We the Nation-the Lost Decade (1994) p.29I. From the speech he delivered at The Golden Jubilee Valedictory Function of the Indian Newspaper Society, Delhi, September 29, 1989. 5 See Franklyn S. Haiman, Speech and Law in a Free Society, University of Chicago Press, (1981). The book contains a separate chapter, “What is Speech.” 6 Ramlila Maidan Incident, re, (2012) 5 SCC I. 6 April - June, 2014 The Indian Police Journal country. Freedom of press has always been regarded as an essential pre- requisite of a democratic form of government. This freedom of press is not superior to that of an individual though. In fact, this freedom is fundamental to the life of an individual.7 In Publisher, Sportstar Magazine, Chennai v. Girish Sharma8 it was discussed that the expression ‘freedom of press’ means a freedom from interference from authority which would have the effect of interference with the content and circulation of newspapers. In Indian Express Newspapers (Bombay) Pvt.
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