Presentation 4

Introduction  The law in the current current form form nds nds it's root root in the Hate Speech Speech Law Section 295(A) enacted ! the "ritish Administration Administration in India# This act was rou$ht aout in the ac%drop of a series of murders of Ar!a Sama& leaders who polemicied a$ainst Islam# This started in 9* with the murder of +andit Le%hram ! a ,uslim ecause he had written a oo% criticiin$ Islam#-2. /oenraad 0lst ar$ues that 1Section 295A was not instituted ! Hindu societ! ut a$ainst it# It was imposed ! the "ritish on the Hindus in order to shield Islam from criticism1#-2. The murder murder series cau$ht lime3 li$ht in 4ecemer 92 after the murder of Swami Shraddhananda for the protection he $a6e to a famil! of con6erts from from Islam to Hinduism in addition to writin$ Hindu San$athan Sa6iour of the 4!in$ 7ace in 92#-2.-8.

Ac%nowled$ement In performin$ our assi$nment I had to ta%e the help and $uideline of some respected persons who deser6e m! $reatest $ratitude# The completion of this assi$nment $i6es me much +leasure# I would li%e to show our $ratitude towards +rof# 7ishi%a /hare for $i6in$ me $ood $uideline for assi$nment throu$hout numerous consultations# I would also li%e to epand m! deepest $ratitude to all those who ha6e directl! and indirectl! $uided me in writin$ this assi$nment# I would also li%e to epress m! $ratitude towards the lirarian of m! institution for pro6idin$ me with the necessar! oo%s and materials for the pro&ect#

+recedence to this law started e6en efore this as in a case a$ainst Ar!a Sama& preacher 4harm "ir in 95 ten ,uslims were sentenced for riotin$ ut 4harm "ir was also char$ed under section 29 for :usin$ o;ensi6e phrases and $estures ( and under Section 58 for :wantonl! pro6o%in$ the riot which suse?uentl! occurred= and :a &ud$e was rou$ht in who could assure con6iction=

@omponats of article 9  Article

9 is the most important and %e! article which emodies the :asic freedoms=# Article 9() pro6ides that all citiens shall ha6e the ri$ht3 (ori$inall! * now )

 to

freedom of speech and epression>

 to

assemle peaceal! and without arms

>

to form associations or unions>

  to >

mo6e freel! throu$hout the territor! of India

to reside and settle in an! part of the territor! of India>

  omitted

! thamendment act# (it was ri$ht to ac?uire hold and dispose of propert!

7estriction Breedom of Speech Breedom of speech and epression is not asolute# As of now there are  restrictions on the freedom of speech and epression# These are in respect of the so6erei$nt! and inte$rit! of the countr!# These  restrictions wereC  Securit!

of the state

 Briendl!

relations with forei$n states

 +ulic

Drder

 4ecenc!

or moralit!

 @ontempt

of @ourt

  4efamation  Incitement

to o;ence

Breedom of Speech and 0pression Article 9 of the constitution pro6ides freedom of speech which is the ri$ht to epress oneEs opinion freel! without an! fear throu$h oral F written F electronicF roadcastin$ F press# The @onstitution does not ma%e an! special F specic reference to the Breedom of +ress#  The prota$onists of the :free +ress= called it a serious lapse of the 4raftin$ committee# Howe6er the freedom of epression includes freedom of press# 4r# Amed%ar in this contet had said on spea%in$ ehalf of the 4raftin$ @ommittee that the press had no special ri$hts which are not to e $i6en to an indi6idual or a citien# 4r# Amed%ar further said that the :editors or mana$ers of press are all citiens of the countr! and when the! chose to write in newspapers the! are merel!

of 0pression 7omesh Thapar 6# State of ,adras (95G)C Breedom of speech and of the press laid at the foundation of all democratic or$aniations for without free political discussion no pulic education so essential for the proper functionin$ of the process of popular $o6ernment is possile#=  ,ane%a andhi 6# nion of India (9*)CBreedom of speech and epression has no $eo$raphical limitation and it carries with it the ri$ht of a citien to $ather information and to echan$e thou$h with others not onl! in India ut aroad also#  +raha 4utt 6# nion of India ((92) CSupreme @ourt directed the Superintendent of Tihar Jail to allow representati6es of a few newspapers to inter6iew 7an$a

Secretar! ,inistr! of Information and "roadcastin$ 6# @ric%et Association of "en$al(:@ric%et Association=) (995)C3 06er! citien has a fundamental ri$ht to impart as well as recei6e information throu$h the electronic media# It ruled that fre?uencies or airwa6es are pulic propert! and that the $o6ernment en&o!s no monopol! o6er roadcastin$# @ourt ordered the $o6ernment to ta%e immediate steps to set up an independent and autonomous pulic authorit! to re$ulate fre?uencies# Breedom of speech and epression (Article 9 # K 9#2) pla!ed an important role in this decision# •

nion of India 6# Assn# for 4emocratic 7eforms (2GG2)C3

 Dne3sided information disinformation misinformation and non information all e?uall! create an uninformed citienr! which ma%es democrac! a farce# Breedom of speech and epression includes ri$ht to impart and recei6e information which includes

Breedom of Assemle! Breedom of Asseml! The constitution $uarantees ri$ht to hold meetin$s and ta%e out processions# The processions and meetin$s should e unarmed and peaceful# This ri$ht ma! e restricted in the interest of the pulic order or so6erei$nt! and inte$rit! of the countr!# This article has also een re6iewed an interpreted ! the Supreme @ourt man! times# ItEs worth note that section  of the Su3 section () of the @ode of @riminal +rocedure can e imposed ! the $o6ernment in certain areas which ma%es the asseml! of 5 or more people an unlawful asseml!#  This section was challen$ed in the supreme court 6ia /amla /ant ,ishra And ors# 6s State Df "ihar And ors# @ase (92) on the asis that it 6iolates article 9() of the constitution and thus is in6alid# The Supreme @ourt in

Breedom of Assocciation C3  The constitution declares that all citiens will ha6e the ri$ht to form associations and unions# Breedom of ,o6ement C3 The freedom of mo6ement is $uaranteed ! the constitution and citiens can mo6e from one state to another and an!where within a state# A person free to mo6e from an! point to an! point within the countr!Es territories# There are certain eceptions such as Scheduled Tries areas and arm! areas# Breedom of 7ecidenc! C3 An Indian @itien is free to reside in an! state ecept Jammu K /ashmir# A$ain this is su&ect to certain restrictions#

"ilio$raph!  +ande!

J# # @onstitutional Law of India 2nd ed# (2GG5) @entral Law A$enc! Allahaad

 Tiwari

4r# ,ahendra Breedom of press in IndiaC @onstitutional +erspecti6es (2GG) www#supremecourtcases#com#

 httpCFFwww#$%toda!#inFarticle393of3constitution3of3india3

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