Freedom to speech means freedom to disagree

The freedom of speech and expression is the most basic of all freedoms granted to its citizens by a democratic nation.However,the degrees to which restrictions are put on the right to free expression vary from one country to another.The western nations,by and large,consider freedom of expression as an absolute right against which no restriction is deemed appropriate.On the contrary,India,by the first amendment of 1951,sought to impose reasonable restrictions on free speech as mandated by the article 19(2)of the Indian constitution.The statutory provisions pertaining to the limits on freedom of speech and expression is also dealt with by Article 153,Article 295 and Article 295-A of the Indian Penal Code(IPC).

Despite the umpteen number of laws that deals with freedom of expression,there are numerous instances alleging the violation of individual freedom and collective sentiments that crop up time and again in Indian social, political, cultural and legal discourse.They either take the form of violent street protests or extreme cases of physical violence as was exemplified by the murder of Narendra Dabholkar for his concerted movement against superstition.The recent case pertains to the protest against the book authored by Perumal Murugan,who then vowed to keep himself away from writing in future.Simultaneouly,in France,there has been public outcry against the perpetrators of Charlie Hebdo incident.

All these cases boils down to an important fact as to where is the red line between freedom of expression and the right to get offended.It is a truism that the tolerance level of society is gradually waning.Contrary to the popular perception that India is a maturing democracy,the growing levels of general intolerance among people has undermined the democratic spirit of our nation.For instance,recently some right wing elements staged undue demonstrations against a book authored by Perumal Murugan.The silence of the writer in the aftermath of demonstrations implies that the state government and the administration failed to protect the constitutional right of the individual in upholding his right to free speech.

The progress of a civilization means the evolution from barbarianism to intellectualism.The evolution towards a civilized society is possible only if people become tolerant to the critics.Indeed,critique is a movement by which the subject gives itself the right to question truth on its effects of power and to question power on its discourses of truth.No societal progress takes place without emotional violence with benevolent intentions.When scientist first broke the news that it was bacteria that caused communicable diseases instead of the punishment inflicted by angry Gods,people were hurt emotionally but it was a necessary development in the larger interests of the society.If people are offended,they have their right to disagree but on the same ideological plane.Countering an offensive view by taking to the streets or with the barrel of a gun does not bode well for the democratic traditions of a society.

However,in a multicultural society like India,the challenge is to strike a balance between protecting the individual freedom and respecting the collective sentiments of a group or sect.India is a nation of diversity.The coexistence of cultural groups amicably can happen only when there is agreement between the various cultural groups at the social level.The legal measures to curb hate speech are necessary but not sufficient condition for the harmonious existence of different socio-cultural groups.What is important is to foster greater understanding and tolerance for resecting the diversity that India is endowed with.

Here I am reminded of a statement by a prominent justice when he said”Our  tradition teaches tolerance,our philosophy preaches tolerance and our Constitution practices tolerance.Let us not dilute it.”Freedom of speech and expression is sterile unless we do not hurt someone with good intentions.India is transiting from an underdeveloped society to a developed nation.The transition stage is undoubtedly painful,but the hardships can be minimized only if we develop the culture of tolerance.