The Misinterpretation and Misuse of Freedom in India

Abstract

In the context of India's rapidly evolving democracy, the misinterpretation and misuse of freedom have become pivotal issues, casting a shadow over its constitutional ideals. As the nation progresses, freedom—enshrined as a fundamental right—continues to be reshaped, often in ways that undermine democratic values and compromise the welfare of marginalized communities. This article critically examines how freedoms such as freedom of speech, right to protest, and citizenship rights are increasingly distorted, often to serve the interests of the powerful, while leaving vulnerable groups exposed to exploitation. Drawing from high-profile cases like the Siddique Kappan arrest, the 2019 NRC exercise in Assam, and the Delhi riots In 2020, this study highlights the consequences of misusing freedom in India, particularly in terms of legal manipulation, social discord, and erosion of trust in public institutions. The article advocates for legal reforms, public education on fundamental rights, and a renewed commitment to the responsible exercise of freedom. Through this analysis, the paper underscores the need for a recalibration of India’s democratic framework to ensure freedom is exercised ethically, inclusively, and in a manner that safeguards the public good.

Introduction

India got freedom from British Raj on 15 August 1947. But, after independence India was under the dominion status of British crown. Dominion Status of India was ceased on 26 January 1950, And India became a full fledged 'Republic' after the commencement of Indian constitution. India's Freedom date should be 15 August 1947 or 26 January 1950? It is still a contentious issue among the youth that whether we are breathing in a free India or not? Per se 'Freedom' is an ambiguous word whose meaning can be drawn differently from different perspectives.

Even during India's freedom struggle every section of the society interpreted the meaning of 'Freedom' on their own discretion and convenience. for peasants it was freedom from the exploitation of landlords, for business class it was nothing more than exemption from paying heavy taxes, Scheduled caste (depressed class) participated for the freedom struggle with the hope of getting emancipation from discrimination and atrocities done on them. The sense of Freedom was extremely equivocal, and since then we are confronting with the same situation again and again. But, now in free India we are misinterpreting the word "Freedom" deliberately or sometimes inadvertently to quench our own selfish motives and desires.

Freedom always comes with some restrictions and paucity of freedom is created to maintain apron string among different people and organization for their betterment as a whole. "Man is born free and everywhere he is in chains" That is the first sentence of Rousseau's "The Social Contract." One can easily misinterpret it. Man is 'born free', so, he must not be in chains, but here 'born free' means a nascent infant doesn't know emotional values, he is almost with no language which he could understand in childhood, no cogent tools to decode this complex society, these sine qua non elements act like a chain which connects the whole humanity in one. The Word 'Chain' could be misinterpreted in different ways, like man is besieged in these catastrophes without his will although he is born free.

Terrorism Of al qaeda, Taliban and other terrorist groups is misusing their 'freedom' to create suzerainty among the rest of the world through destruction, terror and intimidation. Their ultra-freedom (misuse of freedom) is the reason where millions are scared to enjoy their basic rights. Is it fair, for one's misuse of freedom, another's freedom is at stake? Youths interpret the meaning of freedom in their own way, Do whatever your psyche allows, whether it is legitimate or illegitimate, they define their own code of demeanor, they bear in mind a preconceived notion that is very contradictory with the status quo norms of the society, Infringe the social contracts, go against the societal norms, Are these things can be adjudged right on any ground?? Is it not a misinterpretation of freedom?? Once we start to misinterpret freedom, its misuse would be an inevitable corollary.

India, a country that fought for freedom for centuries, now enjoys independence, but this freedom is a double-edged sword. While the Constitution guarantees fundamental rights, the concept of freedom in India is often misinterpreted and misused. Freedom, originally conceived as a right to liberation and equality, is increasingly seen as a tool for personal gain, self-interest, and social division. The deep historical context of India’s fight for freedom from colonial rule is often obscured by contemporary misuses that threaten democratic values, social harmony, and national integrity. Through an academic lens, this article will explore the multiple dimensions of the misuse and misinterpretation of freedom in modern India, highlighting real-world examples, legal implications, and societal consequences.

Understanding Freedom: A Historical and Constitutional Framework

The foundation of freedom in India lies in its long struggle for independence, where the nation fought for liberation from the British colonial rule. The famous slogan by Bal Gangadhar Tilak, "Freedom is my birthright, and I shall have it," encapsulated the aspiration of the Indian masses for self-rule, equality, and justice. However, freedom, as enshrined in the Indian Constitution, is not a mere abstraction. Freedom in the context of India was intended to reflect both individual rights and the collective good, rooted in democracy and social justice.

The Indian Constitution guarantees freedom under Articles 19 to 22, outlining the right to freedom of speech, expression, assembly, movement, and personal liberty. However, it is important to note that these freedoms come with certain reasonable restrictions to protect public order, sovereignty, and morality. Yet, these provisions are frequently misused by various political and social actors to further their own agendas. The challenge lies not in the rights themselves but in the way they are misinterpreted or exploited by individuals or groups.

Misuse of Freedom of Speech and Expression

One of the most frequently misused freedoms in India is the freedom of speech and expression. The 2020 Siddique Kappan case is a significant example. Kappan, a journalist, was arrested while on his way to cover the Hathras gang-rape case, and was charged with sedition, terrorism-related offenses, and links with extremist groups under the UAPA (Unlawful Activities Prevention Act). His arrest sparked widespread protests from journalists and human rights groups, highlighting the growing tendency to stifle journalistic freedom under the guise of national security.

The misuse of legal provisions to restrict freedom of the press, such as the imposition of UAPA is not an isolated incident. The use of sedition laws, which were meant to prevent disloyalty against the state, is now increasingly used to target journalists, activists, and critics of the government. This growing trend of labeling dissent as anti-national activity or sedition undermines the very core of freedom of expression, a fundamental pillar of any democracy (Agarwal, 2019).

Moreover, the growing influence of social media has contributed to a new set of challenges in freedom of speech, where individuals often misuse this platform for hate speech, spreading false information, or inciting violence. The case of online hate speech related to religious and communal tensions has shown how freedom of expression can quickly evolve into a weapon of divisiveness rather than a tool of democratic engagement.

The Right to Protest: An Avenue for Misinterpretation

India has a vibrant tradition of protest, with movements like the Indian Freedom Struggle, the Narmada Bachao Andolan, and more recently, the farmer protests gained significant media attention. The right to protest, as outlined in the The Indian Constitution is an essential democratic right. However, the misinterpretation of protest rights in India often leads to violence, chaos, and a breakdown of public order.

The Delhi riots of 2020, triggered by the protests against the Citizenship Amendment Act (CAA), offers a prime example. What started as a peaceful protest quickly escalated into violent clashes, with misuse of the right to protest leading to widespread destruction of property and loss of lives. In this case, the right to protest was misused by various groups who sought to escalate tensions and provoke violence, thereby distorting the very spirit of the right to peaceful assembly.

Similarly, the Supreme Court’s 2018 ruling on protests that imposed stringent guidelines has generated concern about the suppression of legitimate dissent (Chatterjee, 2020). While the intention was to maintain public order, critics argue that such judicial interventions could lead to government overreach and restrict the freedom of citizens to protest effectively.

The NRC: A Case of Misinterpreted Citizenship

The National Register of Citizens (NRC) exercise in Assam provides a striking example of how freedom-related policies can be misused to exclude and marginalize communities. The NRC aimed to identify illegal immigrants, particularly from Bangladesh, and distinguish them from Indian citizens. However, the implementation of the NRC led to the exclusion of thousands of Indian citizens, most of whom were from marginalized communities, particularly Muslims.

The NRC exercise was fraught with problems: discriminatory practices during the identification process, errors in documentation, and the targeting of specific communities. This misinterpretation of the right to citizenship and freedom of identity has led to legal and humanitarian concerns, particularly regarding the exclusion of genuine Indian citizens (Ghosh, 2019). The use of freedom-related policies in this manner undermines the inclusive nature of Indian democracy, reinforcing divisions on religious and ethnic lines rather than promoting equality and unity.

Sedition Laws and Suppressing Dissent: A Threat to Academic Freedom

Sedition laws have long been a controversial issue in India, particularly in the context of academic freedom. The 2016 Jawaharlal Nehru University (JNU) sedition case is a textbook example of the misuse of sedition laws to curb freedom of expression in academic spaces. In this case, students were accused of sedition for allegedly supporting anti-national activities during a campus event. The case drew national attention to the misuse of sedition laws to silence dissent and discourage free academic inquiry.

While sedition laws were originally enacted to prevent disloyalty against the state, they are increasingly being used as a tool to stifle dissent in universities and restrict free academic expression (Sarkar, 2016). This has led to a chilling effect on student activism, academic debate, and the free exchange of ideas. The misuse of sedition to target students, scholars, and activists sends a message that critical thinking and engaged dissent are no longer welcome in India’s academic institutions.

Gender and Freedom: The Persistent Struggle for Women’s Rights

The 2012 Nirbhaya case and subsequent gender-based violence cases highlight the persistent misuse of freedom by perpetrators of violence against women. Despite constitutional guarantees, women’s rights in India remain under siege due to patriarchal norms, ineffective law enforcement, and insufficient legal reforms. The misuse of freedom here manifests in the form of gender-based violence, where women’s freedom to live without fear is routinely denied.

The freedom of women to participate in public life, pursue careers, and express themselves freely is often restricted by societal pressures and structural inequalities. Despite legislative advances, the implementation of laws Protecting women’s rights has been slow and ineffective. The misinterpretation of women’s freedom continues to be a major obstacle in achieving gender equality in India. This is compounded by deeply entrenched cultural attitudes that treat women’s freedom as a privilege rather than a fundamental right.

The Role of Legal Frameworks in Mitigating the Misuse of Freedom

While India’s Constitution guarantees fundamental freedoms, the misuse of these freedoms is often perpetuated by weak legal frameworks and poor enforcement mechanisms. The judiciary and law enforcement agencies in India play a crucial role in safeguarding these rights. However, corruption, political interference, and understaffed institutions undermine the effective protection of rights.

The Supreme Court’s ruling on the Aadhaar card and the Right to Privacy case exemplifies how the legal system in India must continuously evolve to protect individual rights without compromising national interests. The Aadhaar case, which involved concerns about the misuse of personal data, emphasized the importance of safeguarding individual privacy while also ensuring that freedom is not used as an excuse for state surveillance (Sarkar, 2017).

Conclusion: Towards a Responsible Exercise of Freedom

These cases collectively illustrate how the misinterpretation and misuse of freedom in India can have significant implications for democracy, individual rights, and social harmony. The challenges of balancing freedoms with societal interests and addressing the misuse of legal and constitutional provisions highlight the need for ongoing reforms and vigilance.

Addressing these issues requires a multifaceted approach. Strengthening legal frameworks to prevent the misuse of freedoms and ensuring that rights are protected while maintaining public order is essential. Promoting public awareness and education about rights and responsibilities can also help mitigate the misuse of freedoms. Additionally, fostering a culture of accountability and transparency within institutions can play a crucial role in ensuring that freedoms are exercised responsibly and in accordance with democratic principles.

In conclusion, the misinterpretation and misuse of freedom in India present complex challenges that impact democratic governance and individual rights. By examining recent cases, we gain insight into the ways in which freedoms can be misused and the consequences of such actions. Ensuring that freedoms are upheld in a manner that respects democratic values and addresses underlying issues is crucial for maintaining a just and equitable society. Through ongoing reforms, public engagement, and institutional accountability, India can work towards a balanced approach that ensures that freedom benefits all citizens while preventing its misuse.

The misuse and misinterpretation of freedom in India present significant challenges to the democratic fabric of the nation. Freedom must be viewed as a collective responsibility rather than a tool for individual self-interest. The instances discussed in this article underscore the need for reform in the legal system, education, and social awareness to prevent the misuse of freedom. Only by fostering a culture of responsible freedom can India ensure that the rights enshrined in the Constitution benefit all citizens without distortion.

To preserve the true essence of freedom as envisioned by the freedom fighters of India, there is a pressing need to reaffirm our commitment to the values of democracy, justice, and equality. Only then can India claim to have realized the full potential of its hard-won independence.

. . .

References:

Discus