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MY SPEECH, MY RIGHT

By

Disha Patel, IV Year of BE(Civil), from Dr.D.Y.Patil Inst of Engineering Management and Research, Akurdi, Pune


My right is my freedom of speech;

With selected words, we can evoke emotions;

This right our government cannot breach.

All of us

It turns an idea into a motion;

Because my right is my freedom of speech.


The Constitution of India enshrines the right to liberty, provided for in Article 19 for the purpose of guaranteeing individual rights that are considered by the constitutional editors. After all, speech is a gift from God to mankind. It is a speech in which a person can convey his thoughts, feelings, and emotions to others. Freedom of speech is therefore a natural right, inherited by man. It is, therefore, a fundamental right.


INTRODUCTION

"Give me the freedom to know, speak, and argue freely in accordance with conscience, above all freedom."

-John Milton

The first goal of a free society is to move the words that are not included in the open forum section. Freedom of speech and expression without hindrance, and especially without fear of retribution, plays a major role in the development of that particular society and ultimately in that state. It is one of the most important freedoms guaranteed against state oppression or regulation.


DEFINITIONS & IMPORTANCE

Freedom of speech and expression includes the freedom to express one's thoughts and feelings. Includes the right to distribute or publish the views of others; otherwise this freedom would not include the freedom of the media.


Explaining the extent of freedom of speech and speech, the Supreme Court said that the term "freedom of speech and speech" should be broadly constructed to include the freedom to express one's views orally or in writing or on musical instruments. It therefore includes the right to disseminate his or her views through print media or any other communication channel, e.g., radio and television. Every citizen of this country is therefore entitled to express his or her views in writing or in electronic media in accordance with the limitations set out in section 19 (2) of the Constitution.


In Maneka Gandhi v. The Union of India emphasized the importance of freedom of speech and expression:

“Democracy relies on free speech and open dialogue because that is the only realization of government actions through a democratic process. If democracy means democracy, it is clear that every citizen should have the right to participate in the democratic process and, in order to exercise his or her right to free will, free and fair public speaking is essential.


IS MY RIGHT TO SPEECH COMPROMISED?

In recent times, there have been numerous developments that have resulted in what we now consider to be freedom of speech. On the other hand, we have FIRS installed against students by singing 'Azadi'. Also, we have political leaders who give hate speech. Freedom of speech enshrined in Section 19 (1) of the Constitution is not a complete right; comes with the protection described under Article 19 (2).


We have every right to speak, but there are limits to what we can do. Otherwise, it may undermine the rights enshrined in the constitution. And the indisputable fact is that the current state of affairs is that the government is trying to differentiate between national and anti-nationalist rhetoric, and that is why it is creating a situation where revolution begins. Therefore, we also need to know that the limits of free speech do not just come from laws in the name of government, and we need to understand, to the very least, the degree of law and order, the concept of what is alarming the outcome and how it contradicts our democracy.


Looking at the judgment in the case of Shreya Singhal (2015), it is an interesting decision in which he [Judge Rohinton Fali Nariman] states that we should accept the trial used by the US Supreme Court in the Brandenburg case (1969), in which the difference between motivation and motivation was highlighted. The difference between inciting a particular ideology and inciting someone to take up arms against the government or something like that is where your speech can be given no protection at all.


CONCLUSION

The right to free speech is very important to all citizens of the country.

We must clearly realize that it is necessary to participate in democracy, to articulate political beliefs and to strengthen democracy.


Therefore, everyone should know his or her right to free speech that is within the limits of his or her right. Recently, the S.C of India heard a petition from the Publisher requesting the expulsion of his alleged act of publishing a poem by Mahatma Gandhiji using obscene language which is controlled as below: -


“YOU CANNOT USE WORDS WHICH MISTAKES HISTORY BENEFITS UNDER THE ART FREEDOM STORE. THERE IS FULL FREEDOM OF IDEAS, BUT FREEDOM OF SPEECH AND COMMUNICATION IS NOT COMPLETELY. THE CONSTITUTION PROVIDES PROHIBITION AND CONTROLLED FREEDOM. THE APPLICATION BODY RULES.