Shall we stay Muted or Unmute ourself??

The constitution of India has given us the right to speech & expression under article 19 of the
constitution. Does Freedom of expression mean that I can speak or express my mind without
thinking the consequences of the words used by me? Does these article even provides me the
constitutional safeguard against action made by any person or someone restricting me from using
my right to express? In one of the recent case where a well known comedian Aadar Malik who is
known for his stand-up comedies in his shows wherein he pokes fun at the Modi government
pushing it anti-Muslim narrative being forced to apologize after trolls attacked him for his 8- year old
set on an enthusiastic Ganesh Chaturthi festival celebration which was said to have “hurt religious
sentiments”. 1

Another comedian Munawar faruqui rang in his 2012 by falling victim to a merciless beating and
subsequent arrest after a video of him hurting religious sentiments through an obviously satirical
stand up routine went viral However report from his audience member who clearly enjoyed the
harmless stand-up have since gone viral and of course the accusation are now meaningless. They
also sadly drive home my point that comedy and comedians are no longer safe in these secular
country.

Even the famous Bollywood star of the country Aamir khan has been no exception for expressing his
view on the social media platforms about the security of his religion has been controversial for a
while and for which he was required apologize on the social media .

The comedians in various shows and has been criticizing the political parties and their ministers by
using the humours However in a very little time they get the threatning calls from various people
and they are required to apologize for expressing their views.

So these brings the question in the mind shall I stay mute or unmute myself for the sake of my well-
being! Because if I express my opinion and the other party finds it offensive or invasive I may end up
in Jail. Anyone can be offended my words expressed or in any manner it be consider hurting religion.

This brings us to a question what exactly does freedom of expression under Article 19 of constitution
offers us. If being insecure in a country can’t be expressed, an opinion on any leader or political party
can’t be expressed, even for an entertainment purpose one cannot express his thought so what does
these freedom of expression would mean?

So let us go through Article 19 (1) of the constitution, which guarantees freedom of speech &
expression, and article 19 (2) that provides reasonable restriction on freedom of speech &
expression

In the interest of sovereignty & integrity of India

Law can be imposed for restrictions on statements or expression, which challenges the sovereignty
& integrity of India, which is likely to cause violence.

In the interest of security of the state, friendly relations with foreign states

1
https .// timesofindia.indiatimes.com/readersblog/issue-today/freedom-of-speech-and-expression-in –the
field-of-comedy-28900/
It also empowers legislature to enact laws which would impose restriction on expression which
endanger the security of the state and is intended to overthrow the government or waging a war
/rebellion against the government.

In the interest of the public order

Public order which means public peace, safety & tranquillity of public at large. The absence of Public
order is considered as disturbance of public peace which affects the general life of the public. Any
speech, which intends to disturb the public order, can be restricted by enacting laws.

For maintaining Decency or morality

The state can put restrictions on the forms of expression if they are to be considered indecent,
immoral or obscene. The supreme court of India while deciding the case whether the novel lady
Chatterley’s lover contain obscene material upheld the Hickling test

Or in relation to contempt of court

Law shall be enacted which restrict the exercise of one’s right of freedom of speech or expression if
it interfere’s in the due course of justice . Althought the criticism of judicial system or judges is not
restricted it must not hamper the administration of justice.

Defamation

It is an intentional false statment wither published or publicly spolen that injuries another person
reputation or good name

Incitement to an offence

The ground permits legislation to punish or prevent incitement to commit an offence including
serious offences like murder which leads to breach of public order

Conclusion:

So these means one is allowed to express everything but not anything as it may cause disturbance
in the public peace or affect the right of any other person of the nation by hurting its reputation .
Also at the same time one cannot forgot the basic discipline to be maintained at court and
expression for country or state or foreign state . The morality and decency shall always be kept in
mind while expressing out your mind.
The CM of delhi and his followers is been continuously facing defamation suits from the various
ministers and leaders of the nation. One of the case which was been very much controversial
between Arvind kejriwal and the FM Arun jaitley where in the advocate Ram jethmalani used the
language and on which grounds the a defamation suit was filed on Arvind kejriwal which was again
fought by

In a case

So we need to retain in mind that Article 19 (1) of the constitution guarantees freedom of speech &
expression whereas article 19 (2) provides reasonable restriction on freedom of speech & expression

In the interest of sovereignty & integrity of India

Law can imposed for restrictions on statements or expression which challenges the sovereignty &
integrity of India, which is likely to cause violence.

In the interest of security of the state, friendly relations with foreign states

It also empowers legislature to enact laws which would impose restriction on expression which
endanger the security of the state and is intended to overthrow the government or waging a war
/rebellion against the government.

In the interest of the public order

Public order which menas public peace, safety & tranquillity of public at large. The absence of Public
order is considered as disturbance of public peace which affects the general life of the public. Any
speech, which intends to disturb the public order, can be restricted by enacting laws.

For maintaining Decency or morality

The state can put restrictions on the forms of expression if they are to be considered indecent,
immoral or obscene. The suprem court of India while deciding the case whether the novel lady
Chatterley’s lover contain obscene material upheld the Hickling test

Or in relation to contempt of court

Law shall be enacted which restrict the exercise of one’s right of freedom of speech or expression if
it interfere’s in the due course of justice . Althought the criticism of judicial system or judges is not
restricted it must not hamper the administration of justice.

Defamation

It is an intentional false statment wither published or publicly spolen that injuries another person
reputation or good name

Incitement to an offence

The ground permits legislation to punish or prevent incitement to commit an offence including
serious offences like murder which leads to breach of public order
Unmute Yourself to speak up your mind!!!

The Modern age child like me thinks freedom to speech is his is the how
Be it a hurt or a pain lets express it out