The Constitution of India provides the right of freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the Freedom of speech and expression, as one of its six freedoms.[1]
All citizens shall have the right —
;to freedom of speech and expression;
to assemble peaceably and without arms;
to form associations or unions;
to move freely throughout the territory of India;
;to reside and settle in any part of the territory of India; and
;to practise any profession, or to carry on any occupation, trade or business.
These rights are limited so as not to affect:
The integrity of India
The security of the State
Friendly relations with foreign States
Public order
Decency or morality
Contempt of court
Defamation or incitement to an offence
Freedom of speech is restricted by the
in the past, by the Prevention of Terrorism Ordinance (POTO) of 2001
Terrorist and Disruptive Activities (Prevention) Act (TADA) from 1985 to 1995,
Freedom of speech is also restricted by Section 124A of the Indian Penal Code, 1860 which deals with sedition and makes any speech or expression which brings contempt towards government punishable by imprisonment extending from three years to life( this is a colonial law meant to intimidate indian freedom fighters. Our good old leaders kept this on the books so that this can be used as and when they feel somebodies speech needs to be curbed, So basically we are all free to speak provided the Powers in the Government decide we are not causing them any trouble.
What kind of freedom is this?
In 1962 the Supreme Court of India held this section to be constitutionally valid in the case Kedar Nath Singh vs State of Bihar
This is another instance of judiciary following the writing of the law and not the spirit of the law just like it’s ruling on Sodomy laws.
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