Right to Freedom

19.Protection of certain rights with respect to freedom of speech, etc:

(1) All citizens shall have the right

(a) To freedom of speech and expression;

(b) To assemble peaceably and without arms;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; and

(g) To practice any profession, or to carry on any occupation, trade or business

(2) Exceptions to sub clause (a) of clause (1) are reasonable limitations on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, security of the State, friendly relation with foreign States, the public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence

(3) Exceptions to sub clause (b) of the said clause are any law imposing in the interests of the sovereignty and integrity Of India public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(4) Exceptions to sub clause (C ) are in respect of any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause

(5) Exceptions to Sub clause (d) and (e) are any law imposing reasonable restrictions on the exercise of any of the rights advised by the said sub-clause either in the interests of the rights conferred by the said sub-clause either in the interests of the general public or for the protection of the interests of any Schedule Tribe

(6) Exceptions is any law imposing, in the interests of the general public, reasonable limitations on the exercise of the right conferred by the said sub-clause, and in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to:

(i) The Professional or technical qualification necessary for practicing any profession or carrying on any occupation, trade or business or

(ii) The carrying on by the state, of any business, trade, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

Right to freedom is one of the basic insignia of democracy.

The right to the protection of the six freedoms against State action is available to all citizens. Article 19 does not give an absolute or unlimited. Individual freedom may well have to be subordinated to other greater social interest. Corporation is not a citizen. Therefore, this freedom is not available to it but is available to the shareholders as citizens.

COMMENTS

(a) Freedom of speech and Expression :

The freedom of expression includes freedom of press in India. The Freedom of Press is the bulwark of the democracy. Freedom of press and speech lay at the foundation of all democratic organizations, for without free political discussion, no public education, or discussion or dialogue, so essential for the proper functioning of the process of popular Government, is possible. Elections and change of Government through general franchise are two pillars of democracy which are based on public opinion. Freedom of speech and expressions and freedom of press are two major means to form or change public opinion. In the modern world of information technology, social media like facebook, whatsapp are also playing important role in the field of freedom of expression. However, sometimes, the unfiltered and uninhabited news or opinions form wrong public opinion which are harmful for the society or country in general on the other hand, newspaper and electronic media like television have a system of self-control and regulation through one of their appoint has regulator apart from what regulations are in place by the Government. The freedom of press cannot be unlimited it is a fact that the freedom of press is not so free as it has to sub serve the interest of its owner who are more propelled by commercial or financial interest than the interest of the freedom of press or the interest of the country. It is well known that many media houses have definite line ideology and they twist news or presentation accordingly and thus they exploit the nascent mind of public to increase popularity or TRP, Many media, i.e. newspapers and televisions channels publish some breaking new without properly verifying their veracity or their impact on society. Truth is sacrosanct but it presentation should also result into truth unlike Yudhister who announced a truth obliquely during the Mahabharata war but, in fact, it amounted to an untruth. The media presents the truth in their own ways but it should not harm the society or individual. One wonders whether few newspapers or television channels are controlled by some invisible matters

“If a Newspaper publishes what is important, mischievously false or illegal and abuses its freedom, it must be punished by Court of law. Some restrictions are, therefore, essential even for preservation of the freedom of the press itself.’ It is a common knowledge that all press is not above suspicion, sometimes, local press tries to blackmail some government officers or official or individuals with a view to extract some favours or financial enrichment.

Thus, the people who advocate for freedom of press should ensure that press should be provider of truth and exposition of illegal activities. It has also to follow all commercial laws to regulate its commercial activities like purchase of newsprint papers, etc. and ensure liberty of speech and expression to its anchors, reports or correspondents.

As far as individual right to freedom of speech and expression is concerned, it is held that “right to speech implies the right to silence. It implies the right to silence. It implies freedom, not to listen, and not to be forced to listen.” “Right to information is an integral part of freedom of expression, particularly a voter’s right to know the antecedents-assets of a candidate contesting election”

Telephone tapping unless it comes within grounds of restrictions under Article 19 (2) would infringe Article 19 (1) (a) of the constitution.

Article 19 (1) (a) includes the right to know or to seek information. The Right to Information Act,, 2005 Specifically confers on all citizens the right to access information and makes it obligatory for all public authorities to disclose official information only subject to certain essential restrictions. The Act has promoted openness, transparency and accountability in administration. However, some of the officers especially instates dominated by feudal bureaucracy still create hurdles to pass on the information to the petitioners. On the other hand, some of the petitioners ask vague and lengthy information which may not server any public purpose. Many RTI activists have been killed. It shows that the Act needs review for its better implementation. Courts have generally supported this right has a precious right to the citizen even the Supreme Court has gone out of way and allowed to fly the National flag on private or commercial buildings under Article 19(1)(a) subject to certain restrictions in Union of India vs. Naveen jindal & Anr Appeal (Civil) 2920 of 1996 decided on 23/1/2004. It was held that ordinary or local breaches of public order were no grounds for imposing restrictions on freedom of speech and expression. Blatant restriction of entry of some publication in a State without right of representation is not valid. Pre-censorship generally violates the freedom of press but it may be valid with reasonable safeguards both from substantive and procedural standpoints. However, during Emergency, on the ground of internal disturbance valid and pre-censorship may be imposed.

As regards contempt of court as exception, justice Iyer asserted in Mulgaonkar (AIR1978 sc (72) matter that the Keynote was to be ‘justice ‘and not ‘judge’ and that activist efforts at judicial reforms should not be stalled under contempt action. Secondly ,truth is also a defense against contempt charges. in a far-reaching judgment, the court held that ‘Bandhs’ do not fall within the fundamental right of speech .A ‘Bandh’ is a warning to a citizen that if he goes for work or opens his shop, he would be prevented. Even if Legislature does not prohibit them, courts should intervene to protect the right to work or right to study.