The Constitution of India gives rights to each and every citizen of India but there are a few rights which are highly misused. One of the most commonly misused rights is the right to freedom of speech and expression. Before moving to its misuse let’s understand the right.

Article 19(1)(a) is about the Freedom of Speech and Expression.

We all are well aware that many sections and classes of people in Indian society for a very long period of time were suppressed and were even treated as slaves without giving them any freedom at all.

The main objective of this right in simple words is to give each and every citizen the;

• Right to express what they feel.
• Right to speak up what they want.
• Right to give their opinion.
• Right to raise voice against any unjust.

This right allows everyone to speak, write, press, advertise, communicate, paint, and express their thoughts and opinion without any fear or pressure. Under this right, the freedom of the press and journalism is also included.

Anyone preventing a person to do so is violating a person’s freedom. But does this mean a person can speak or write whatever they want to?

Here comes is the Article 19(2). [Reasonable restrictions on freedom of speech and expression]:

I must say that more than a law,

“REASONABLE RESTRICTIONS ARE THE REMINDER OF YOUR RESPONSIBILITY.”

This is to prevent the right from getting misused.

Article 19(2) imposes reasonable restrictions on freedom of speech and expression. Let’s understand it in a simple manner and easy terms:

• One cannot speak something against the National Security or Sovereignty of the Country. i.e. against the State.
• One must maintain public decency in their language. Which means one cannot use abusive words and destruct public order.
• One cannot defame anyone. This means to speak something or spread wrong things about a person, government, or entity which can affect his image, name, or goodwill.
• One can be charged with contempt of court if he/she speaks something which is indirect or immoral in relation to court.
• One cannot incite anyone to do an offence.

Thus, these are the reasonable restrictions under article 19(2) for freedom of speech and expression. However in many instances despite the restrictions, the rights are misused.

A few months ago the term HATE SPEECH was heard frequently. Now, what are hate speeches? In general terms, these are the inciting speeches given by leaders or politicians to spread hate amongst the people against a community, government or a part of society. Which clearly is a misuse of the right of freedom of speech. It seems to be a habit of the people to speak anything, anytime, and term it as freedom of speech.

It looks like a small issue but these hate speeches have the ability to convert into riots and take the lives of many people. It can create a large amount of public disorder. The people who spread such hate would even not be affected by it but, it may take the life of many others.

People must understand the relation between right and responsibility.

• (Right): To speak and express for yourself and others' benefit is your right but,
• (Responsibility): Not to harm public order, not to hurt others' sentiments, and to maintain other person's dignity.

OBSTACLES IN IMPOSING REASONABLE RESTRICTIONS:

Despite having such laws still for some reasons, they are still on paper only. Many factors are acting as obstacles to imposing reasonable restrictions.

1. Difficulty in drawing lines between USE AND MISUSE: It is a real problem to draw a line between use and misuse. To define the word ‘reasonable’ is subject to everyone’s discretion. For some use people of a certain word would be reasonable but for others, it might be offensive. To a certain extent, it has to be the public at large who needs to stop misusing the laws.
2. Proving defamation: Defamation is caused either by spoken words or by written words. One of the major issues with laws is that even if the action is taken on the case is filed. But, proving defamation is a real hurdle in the courts of law. It needs strong evidence but due to the spoken words, it is really difficult to have proof against it and prove it.
3. Increase in Social Media Content/OTT platforms: With the lots of benefits of social media, it has many disadvantages in which this is the major one. The people trolling, defaming and criticizing from behind the screen without even the correct social media handles post a lot of nonsense and offensive comments. To trap them is a big deal. The increase in the OTT platforms which as rare regulations over it has a lot of content with high use of obscene and indecent scenes with massive use of abusive words seems to be the new trend of OTT. These are the major obstacle in the proper implementation of the laws.

EFFECTIVE MEASURES THAT MAKE A DIFFERENCE:

1.  Judicial activism: Whether it is about hate speech or freedom of press judicial activism helps in eradicating problems. By the way of guidelines and its implementation can seriously make a huge difference. It is constantly observed that judicial activism to a certain extend restrains people from misusing their rights and helps in controlling hate speech. Even the people get more conscious about it.
2. Government strengthening the law: Strengthening the laws by increasing the fine or taking quick action can also help in reducing such misuse. By bringing some sort of regulations on online content or by banning such websites or groups can that produce such content can also work.
3. Self-awareness and self-consciousness amongst the people: Nothing is possible in a democratic country until its people decide to get active over it. Somewhere we are the ones who misuse the right given to us and reduce its value. Because of such misuse the one who really needs some help gets overshadowed and is not given any importance.

At last, it’s the citizen and the politicians who need to use the right to freedom of speech and expression very consciously and should respect the right given to us by our constitution. 

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