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Restriction on Freedom of Speech and Expression in India

A Ashok Kumar
A Ashok Kumar
  • Apr 13, 2023
  • 9 min to read
Restriction on Freedom of Speech and Expression in India Kumar

Introduction The right to freedom of speech and expression is a fundamental right guaranteed by the Indian constitution. It is one of the most important rights of citizens of India. This right is essential for the functioning of a democratic society. However, this right is not absolute and is subject to certain restrictions. Restrictions on speech and expression in India are imposed by various laws and the Indian Penal Code (IPC). These restrictions are imposed to maintain public order, security, and safety. This essay will discuss the various laws regarding the restriction of speech and expression in India, and their implications. Freedom of Speech and Expression The right to freedom of speech and expression is enshrined in Article 19 (1)(a) of the Constitution of India. This right includes the right to express one’s opinions freely by word of mouth, writing, printing, pictures or any other mode of communication. This right is subject to reasonable restrictions that can be imposed by law in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Laws Restricting Speech and Expression In India, there are several laws which restrict speech and expression. These laws are designed to maintain public order, safety, and security. They include the following: 1. The Indian Penal Code: The Indian Penal Code (IPC) is the primary criminal law in India. It contains provisions which criminalise certain forms of speech and expression. These include defamation, obscenity, blasphemy, sedition, hate speech, incitement to violence, and contempt of court. 2. The Unlawful Activities (Prevention) Act, 1967: This Act is designed to prevent activities that threaten the security of the State. It makes it an offence to support or glorify any organisation that is listed as a terrorist organisation. 3. The Censorship of Film Act, 1952: This Act provides for the censorship of films in India. It restricts the screening of any film which is deemed to be against public order, decency or morality. 4. The Information Technology Act, 2000: This Act regulates the use of the internet in India. It contains provisions which prohibit the transmission of any material which is considered to be obscene, threatens the security of the State, or incites violence or hatred. 5. The Cable Television Networks (Regulation) Act, 1995: This Act regulates the content of television programmes in India. It prohibits the broadcast of any programme which is deemed to be offensive or objectionable. Implications The restrictions on speech and expression in India are necessary to maintain public order, safety, and security. However, these restrictions can have a chilling effect on citizens’ freedom of speech and expression. In some cases, these restrictions have been used to suppress dissent or criticism of the government. This has led to a situation where citizens are afraid to express their views or opinions openly. Conclusion In conclusion, it can be said that the restrictions on speech and expression in India are necessary to maintain public order, safety, and security. However, these restrictions can have a chilling effect on citizens’ freedom of speech and expression. Therefore, it is important that these restrictions are applied in a fair and reasonable manner, and are not used to suppress dissent or criticism of the government.

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A Ashok Kumar
A Ashok Kumar

I have been practicing for 8 years in Civil, Criminal & Family matters cases and handling the matters ethically and professionally. I also handle NI Act, Recover, Banking, Domestic Violence, Divorce, maintenance, Property, Documentation, and Cyber Crime matters and have achieved professional experience in providing legal services. Further, I can undertake the following activities with a professional approach. I have enrolled with the BAR Council of KAR/1388/2015.

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February 14, 2019

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Sophie Asveld

February 14, 2019

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