Indian MindSpace

Wednesday, 15 May 2019

Right To Freedom of Expression

Right to freedom of expression and freedom of opinion are among the most fundamental rights in a democratic republic . The prerequisite for a political system to run in a democratic way is to provide its citizens with the power to form their opinion on certain issues and express their views unhindered, unfettered by the fear of retribution. It allows people of the country to freely engage in the social, cultural as well as political affairs. In India, this right, the right to freedom of expression is protected under the Article 19(1)(a) and is fundamental to our democracy. However Article 19 (2) imposes certain reasonable restrictions on all the fundamental rights constituting that of freedom of speech and expression.

This right available solely for the citizens of India, not for the citizens of other country. The restrictions imposed with respect to this fundamental right are in the interest of the sovereignty and integrity of India, protection of the republic, cooperative relationships with foreign states, public order, decorum and morality and contempt of court, defamation and stimulation of an offence. The people of India declare their solemn resolve to secure to all the citizens, liberty of thought and expression in the Preamble to the Constitution of India.

At the same time, a law punishing statement made with the deliberate intention to hurt the cultural, religious or sentimental feelings of any class of people is necessary because it imposes a restriction on the right of free speech in the interest of public order. For the speech or expression that has tendency to lead to a breach of the peace or to create public disorder, there must be sound and proper nexus or link between the restrictions and the attainment of public order.

Freedom of expression is a basic requirement that should be fulfilled by every civil society. But, in this age of modernization, this right is just not limited to expressing one's views through words but it also includes circulating one's views in writing or through audiovisual instrumentalities, through advertisements and through any other communication channel. It incorporates the right of information, and freedom of the press as well. Freedom of speech and expression is like a buttress to a democratic government and should be regarded as the first condition of liberty.

Saturday, 30 June 2018

Government versus Police

It always be seen that whenever there is tussle between the Govt. and Police administration of any society, it is always painful for the poor people of that society. Now, what happening in USA under the Trump's administration is really brutal. The anguished cry of little babies when these little kids saw their mothers handcuffed can really make someone feelings disheartened. This ultimately led to the 'Criminalisation of Poverty'. Poor people are subjected to rigorous and often brutal circumstances and end up committing acts over which they may not have full control. If the government and police system are permanently at war with that, most poor will end up in prisons. Both India and America to some extent show the behavior of 'Criminalisation of Poverty'.

An unending mission :-

Since 1947, India has failed to eradicate poverty despite the consistent growth in the years of 1947 till now. It is also true that poverty remains but it has lessened. Poverty varies across different States as highest in Bihar and lowest in Punjab as per 2004 records. The main brunt of poverty is borne by landless agricultural laborers, small and marginal farmers and urban poors.

Reasons for Criminalisation of poverty

The problem of poverty has been further compounded by existence of glaring inequality, social and economic outlook of any nation. What happens now under the Trump's 'Zero Toleration Policy' could also be seen in the Indian post colonial era which led some criminals group of MP, Bihar and Rajasthan. Naxalites could also be taken as the best example of it. Some possible reasons for criminalisation of poverty could be
(a) Lack of third mile connectivity
(b) Maldistribution of incomes, opportunities and powers
(c) Unbalance social and class structure of economy
Hence, with the onset of liberalized economy and development on the basis of animal spirit of capitalists, inequality of wealth or gender gap will likely to grow. This is the right time to reverse its trend whether it is Indian administration or USA administration.

Solutions

(a) Better policies with best implementation management.
(b) Growing awareness among the peoples especially the poor section group.
(c) High growth and development.
(d) Better quality of life.

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