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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