Monday 19 November 2012

State’s responsibility to protect its citizens

The Constitution under Article 19(1)(a) guarantees the freedom of speech and expression  to every citizen of India subject to restrictions under Artile 19(2). The freedom of speech includes the right to question any government action that impacts the public life. In variou cases the judiciary has upheld the right of speech and expression pointing out that this freedom is fundamental to the principle of democracy. Without the freedom of speech there cannot be democracy and justice.

However, today’s society is witnessing a gross violation of this right. The arrest of two young girls for questioning the closing of the city is an example of the same. No person has a right to vandalise anybody’s residence or place of work because of what they said. Any kind of mob action amounts to unlawful assembly under the provisions of Sections 141-149 of the Indian Penal Code, 1860. Further, the unlawful arrest and confinement of a girl who has not committed any crime is also an offence under the Code.

The duty of the State is to protect the rights of its citizens and not to persecute them for excercising their freedom. The principles of the Constitution need to be cherished and an individual’s freedom should be protected from any excesses of State action. The guilty should be made liable and be made answerable to the public on why they violated an individual’s freedom.

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