Under the Indian
Constitution, the right to information[1]
as well as the freedom of press[2]
flow directly from the right to freedom of speech and expression provided under
Article 19(1)(a)[3] of
the same. These rights have not been expressly provided but are construed
impliedly. Hence, the same are subject to the restrictions under Article 19(2)[4].
These two rights are not above the freedom of speech and expression and are
hence, subjected to the same restrictions.
The freedom of
press and the right to information are corollary in the present technological
era. Via various media any individual can get access to any amount of
information. Internet plays an important role in providing any amount of
information within seconds. Further, any item of public interest or anything
dealing with public figures once published on internet is further published by
the press via news channels and newspapers. So even a person who does not use
internet gets to know what all details are available online.
With the passage
of Right to Information Act, various bodies are under an obligation to provide
information regarding their administration on their websites. These include not
just the government departments but also private organizations. Further, any
civilian can ask for such information by filing a petition for the same.
The right to
information has proved to be helpful in checking corruption at various levels
as well. Access to information helps in determining the funding of various
political parties during elections. It is a basic right in a democratic set up.
However, with
such a vast amount of information available at the click of a button, various
issues have also stemmed up like national security, privacy, information regarding
public enterprises and so on.
(a)
Right to information and national security:
An important aspect regarding right to information is
of how much information pertaining to national defense can be brought into
public domain? Can matters of imminence be discussed in public domain?
The details regarding a nation’s armed forces is a
well kept secret for the simple reason that any leakage of the same to the
enemy nations will weaken its frontiers. Right to information does not give a
right to discuss a nation’s security measures in public. The information
regarding a nation’s arms and ammunitions and other security measures are to be
shielded from the world’s scrutiny, for the simple reason that such publication
can seriously damage its security.
The State can impose reasonable restrictions in the
right to information where it affects the national security or any other matter
affecting the nation’s integrity.[5]
(b)
Right to information and film censorship:
Films form a part of the freedom of expression given under
Article 19. No separate rights are expressly provided for films in the
Constitution. Films are subject to the restrictions provided for freedom of
speech and expression under Article 19(2) on the grounds of obscenity, morality,
public order, national security, maintaining friendly relations with foreign
states, maintaining the integrity of nation, defamation or inciting offence and
contempt of court. While dealing with obscenity or morality, it is to be seen
how much the content has the power to corrupt the minds of the viewers.[6]
A film influences the mind of the audience in more than one way due to the
presence of sight, sound, surroundings and is therefore necessary to be
monitored. However, where a film showcases the reality of the society or where
it is a biography, it becomes difficult to say that it corrupts the minds of
the audience.
(c)
Right to information and right to privacy:
Article 21[7]
states that no person shall be deprived of his life and personal liberty except
by procedure established by law. The Apex Court has observed in number of
instances that right to privacy is an inherent aspect of right to life[8].
Every individual has got a right to preserve his private life, shield his
personal moments from the public gaze. Every individual has a right to privacy
even if he might be a public figure, a celebrity, a man of the world.
Telephone tapping infringes the provisions of Article
21 unless it is permitted under “procedure established by law”.[9]
How to balance the rights under Articles 21 and 19?
Articles 19 and 21 are complementary and
supplementary to each other. While Article 21 preserves the very existence of a
man, Article 19 gives socio-political freedom to the citizens of this country.
Article 19 gives freedom to citizens alone subject to certain conditions while
Article 21 protects the right to life of every individual. The right to life
and liberty under Article 21 cannot be taken away by any authority except by the
procedure established by law[10].
[1]
Association for democratic reforms v UOI
[2] Express
Newspaper v Union of India; Sakal Papers v Union of India
[3]Article
19( 1): All citizens shall have the right
(a) to freedom of speech and expression;
[4] Under
Article 19 clause (2), the State can make a law imposing reasonable
restrictions on the freedom of speech and expression in the interests of the
sovereignty and integrity of India, the security of the State, friendly
relations with Foreign States, public order, decency or morality or in relation
to contempt of court, defamation or incitement to an offence.
[5]
L.K. Koolwal v State of Rajasthan; Dinesh Trivedi M P v Union of India
[6] K
A Abbas v Union of India
[7]Article
21:Protection of life and personal
liberty No person shall be deprived of his life or personal liberty except
according to procedure established by law
[8] Govind
v State of Maharashtra; Kharak Singh v State of U P
[9] People’s
union for civil liberties v Union of India
[10]
Maneka Gandhi v UOI, --- interpreted as due process of law clause
