AA Edit | SC’s welcome defence of free speech
For the police it has ordered that the effect of spoken or written words will have to be considered based on standards of reasonable, strong-minded, firm and courageous individuals and not based on the standards of people with weak and oscillating minds;
By every count, the last week’s judgment of the Supreme Court underscoring the importance of the right to freedom of speech and expression and its exhaustive directions to the police and the courts for its protection are a landmark, and hence must be celebrated.
The court, which quashed the criminal proceedings against Congress MP from Gujarat Imran Pratapgarhi over a poem uploaded by him on social media, has set the standards for three sets of people associated with legal measures infringing on the right: one, the trigger-happy Hindutva “patriots”, two, the state agencies which are more than willing to play ball, and three, the judiciary which at times is faint-hearted when it comes to the fundamental rights of the people versus the State’s demands.
To the feeble-minded who rush the nearest police station if they hear something unpalatable, the court has this to say: “Seventy-five years into our republic, we cannot be seen to be so shaky on our fundamentals that the mere recital of a poem or, for that matter, any form of art or entertainment, such as stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities.” For the police it has ordered that the effect of spoken or written words will have to be considered based on standards of reasonable, strong-minded, firm and courageous individuals and not based on the standards of people with weak and oscillating minds.
In practical terms, it must conduct a preliminary investigation before a first information report is filed against a citizen for his written or spoken word. And to the judiciary, the highest court of the land has this much to say: The right of citizens to express themselves could not be trampled upon on “flimsy and fanciful grounds” and courts must zealously protect rights of citizens, including their right to express themselves; they must remain ever vigilant to thwart any attempt to undermine the Constitution and constitutional values including the freedom of speech and expression.”
The underlying tone of the apex court’s judgement is simple and straight: Be strong, and be proud of it; do not behave like a weak state under siege. The court’s position means a lot for the democracy India practises today.
