Bharat SainiLast Updated on March 28, 2017 by Bharat Saini
Article 19 says the protection of certain rights regarding freedom and Rights articles 19(1) (a) says all citizen shall have the right to speech and expression.
It implies that every citizen has the right to express his views, opinions, beliefs and convictions freely by word of mouth, writing, printing or in any other manner.
Reasonable Restrictions on Fundamental Rights
Fundamental Rights are comprehensive and cover a wide variety of things, but ‘not everything’. They are not sacrosanct, immutable or absolute. The state “can impose Reasonable restrictions” on them.
The Constitution i.e. the fundamental law of the land which guarantees these fundamental rights, states the above fact. But most of the torch-bearers of freedom of speech and expression seem to be oblivious to this. They look only at one side of the picture, not the complete picture and half knowledge is a dangerous thing.
Necessity of Restrictions
Reasonable Restrictions are necessary and were included in the Constitution to strike a balance between the rights of individuals and those of the society as a whole i.e. between individual liberty and social control.
Reasonable Restrictions on Freedom of Speech
The state can impose reasonable restrictions on the exercise of the right to freedom of speech & expression on the grounds of :
(a) Sovereignty and integrity of India
(b) Security of the state
(c) Friendly relations with foreign states
(d) Public order
(e) Decency or morality
(f) Contempt of court
(g) Defamation; and
(h) Incitement to an offence
Therefore, the claim of the torch-bearers of this freedom that it can’t be curtailed or limited in any situation whatsoever, even if it militates against the unity and integrity of the Nation, is absolutely wrong.
Unity and Integrity of Nation —Topmost Priority
India is the world’s largest democracy. 125 crore Indians enjoy numerous rights including the right to freedom of speech and expression. But, as responsible citizens, we need to keep in mind that it is ‘NATION first always’. No right, no freedom can be above national interest and the safety and security of all citizens, including those who very strongly support 100% freedom of speech and expression. We need to remember, as Tracy Morgan has rightly said, that “We have freedom of speech, but you have got to watch what you say.”
The Unity and Integrity of the Nation is and should be the topmost priority for every Indian. It is important to remember where the laxman rekha is, while exercising our freedom of speech and expression. If this laxman rekha is crossed, it can lead to endangering of our national integrity.
Despite knowing the above, the so-called liberals, including some misguided, ill informed youth, are strong proponents of complete freedom of speech and expression. When the country is attacked, such people are silent and ask it to maintain peace and not try to escalate tensions; but when anything is said against them or their family, they are the first ones to curtail the other person’s freedom of expression. This clearly exposes their hypocrisy and double standards. Why do they apply this freedom differently in different situations ?
Whatever they say is right, be it against the very country in which they breathe, enjoy and earn a living. If someone tries to show them the mirror, they start complaining that their freedom is being taken away and there’s an emergency in the country.
In recent times, we have seen various issues where the so-called flagbearers of freedom of speech were exposed. India is as such, in the wrong place at the wrong time & is dealing with two belligerent neighbours. In such a situation, maintaining the unity and integrity of India is of paramount importance. All 125 crore Indians need to speak in one voice for the nation as united we stand and divided we fall. Sadly, the paradox is that even in situations like the one after the Indian Army bravely conducted surgical strikes across LoC to eliminate terrorists inimical to our safety and security, many people started asking for proofs, questioning the validity of the strikes. They doubted those soldiers who face death each day for them, their family and the entire nation. Such freedom of speech, according to me, is an absolute sham.
India prides itself in being a country with ‘unity in diversity.’ Unity is and should be our strength. But some people’s freedom of speech is working to destroy the social fabric of India.
Demagogues who use minorities merely as votebanks don’t deserve any such freedom. They incite brother against brother for their own selfish motives. They are like the clever monkey who benefited from the fight between two cats. They are not bothered about the nation’s welfare or its sovereignty and integrity. For them it is self first, family second and nation last. They use their free speech as a means to divide and rule.
Fundamental Duty
The country in which we are born and brought up nourishes us like our mother, without asking anything in return. But does that mean we don’t have any duty towards her ? Definitely not, just as it is the duty of each child to care for its mother, so is each citizen responsible towards his nation. It is every Indian’s duty to maintain India’s unity and integrity. This is our fundamental duty. However, most of us are only concerned about our rights and not duties.
It was a big paradox that recently some people, who call themselves Indians, had problems in saying ‘Victory to Mother India’ or ‘Bharat Mata ki Jai’. I fail to understand their problem. Is Bharat or India not our ‘motherland’ ? Is it wrong to proudly assert its grandeur ? May be it is so for them. But for true sons of the soil, sons and daughters of Bharat Mata, it was, is and will always be a thing to be proud of. I loudly and assertively declare that ‘I am a Bharatiya, a Hindustani’ and ‘Bharat Mata ki Sada Jai ho !’ and I am 100% sure that those who are ready to die for their mother’s safety, security and integrity will be ready to say so with pride, thousand times a day, without any hesitation.On the other side, some proponents of freedom of speech will say they have freedom of silence and need not say it. It seems they aren’t interested in wasting their energy in loudly asserting ‘victory to Mother India’. Ironically, patriots are termed ultranationalists’ or ‘jingoistic’. For people, whose definition of freedom of speech and expression is biased, conditional and impaired, John Kennedy’s quote should be reversed because they will ask what the country can do for them and not what they can do for it.
Role of Youth
I strongly believe freedom of speech and expression can’t be a license for pointless, futile bickering, especially against the Nation. Nation stands first always. Sadly, some people forget this. The youth are the torchbearers of a nation’s aspirations, they are the ones responsible for building a bright, secure future for the nation. But, due to impulsiveness and lack of maturity, some youth fall into traps laid by antisocial elements like terrorists, maoists, demagogues, rioters etc. Online radicalisation of youth through pictures, video messages etc. is emerging as a huge problem all over the world. I am sure no sane and sensible person would support such free speech of the terrorists, which militates against the nation’s integrity.
Not long back, students of JNU raised slogans in support of hanged terrorist Afzal Guru and also against India’s integrity. Afzal Guru was a terrorist, an antisocial element responsible for striking terror in the lives of many innocent Indian citizens. Moreover, he was punished for his barbarism in accordance with the law. Thus, my question is—why should any Indian idolise or support, directly, or indirectly, a man who wreaked havoc in innocent lives ?
Proclaiming him as a martyr, according to me, is a shameful thing and is a sheer insult of the sacrifices of brave soldiers who protect the nation. Why don’t such torchbearers of free speech ever organise programmes to pay homage to and applaud our soldiers’ grit and courage ? The government rightly opposed these activities but sadly some staunch proponents of freedom of speech and expression tried to justify, even supporting a terrorist, in the name of fundamental rights.
Conclusion
No one has a right to abuse the right to freedom of speech & expression, given by the Constitution makers, to us the people of India’ with trust and faith that we’ll use it constructively. ‘My nation’ should be ‘My first prerogative’ and any freedom which militates against its unity and integrity is nothing but a sham and I believe this is a restriction reasonable enough for my countrymen to agree with.
