To define free speech is an arduous task. It is much easier to exercise the right to free speech and expression guaranteed under Article. 19(1)(a) to all those who abide by our Constitution. Article. 19 itself constructs free speech in exceptional circumstances. But neither the Constitution nor the Supreme Court, in its numerous judgments protecting Article. 19(1)(a), have given an exhaustive analysis of what free speech could be. A middle-aged journalist was recounting his experience with free speech. He grew up in a large family where only the father had the right to free speech. Any counter argument was regarded as committing the sacrilege of talking back to father. Was his right to free speech violated? When he had his own family, he was constantly sniped at by his children, exercising their free speech to point out how his spoken English had an awful regional accent which many a time made him prefer silence. Since evolution, family and social norms have put fetters on free speech. The personal experience of the journalist is inconsequential when one looks at societal norms that construct free speech. For centuries, Dalits did not have the freedom of speech to criticise upper castes. They still don't. When they decide to resort to free speech, it often invites blood-soaked humiliation.
Free speech on a cricket field has in the past invited ugly spats. Free speech against judges invite contempt charges. In contrast, expletives are not part of free speech, yet it is freely used on Delhi streets. Free speech comes from free thinking, which takes place in a free environment. Has India provided a free environment that encourages free thinking? Are social norms evolved through this collective thinking conducive for free speech? A case in point is the free articulation of one's sexual identity. The third gender covered under the threat of prosecution and persecution for centuries. Thanks to the cases in the Delhi High Court and the Supreme Court, big cities have somewhat come to terms with people going public with their sexual orientation. Still, the social stigma is so unnerving that only a few rich and famous have dared to articulate their sexual preferences.
At present, free speech has sparked a fiery debate in Delhi that refuses to be doused. A 20-year-old exercised her right to speak her mind. A legendary cricketer, who enthralled spectators with fearless batting, responded. Both these were in exercise of free speech. But a famous lyricist muddled the free speech debate by calling the cricketer a 'harder literate player', though the later took back his words. Is free speech the fiefdom of the so-called educated? These so-called educated use their free speech as sermons and get angry when they encounter a witty counter through free speech exercised by not so educated, yet well informed persons. The "I am right, You are wrong" infection has taken a virulent form during this free speech fever. Tolerance for other's right to free speech is dwindling fast. While dealing with an incident relating to the eviction of yoga guru Baba Ramdev from Ramlila grounds in Delhi, the Supreme Court on 23rd February, 2012, had given one of its finest discourses on the virtues of free speech. [Times of India dated 07th March, 2017].
---------------------------------------------------------------------------------
No comments:
Post a Comment