Human beings stand on the sentinel of qui vive as far as the biotic community of world is concerned. The cognitive ability of this species differentiates it from others. Thinking capacity of man traversed numerous topsy turvy challenges to acquire control over most of spontaneous happenings of world. This thinking ability flourished from prehistoric times amid various difficulties. Its contemporary climate suits its overall development. It’s a well known reality, that mental ability in man flourishes only under viable sunshine and water for its nourishment. This dimension in present perspective of social development is called as “FREEDOM”. While as the word is a multidimensional in nature ranging from social, economic and political spheres, its importance in social sphere can hardly be exaggerated. Freedom of speech and expression is one of the vital dimension of this social attribute. In its present for the concept was dealt by various social scientists in an elaborate manner. Freedom of speech is a principle that supports the freedom of an individual or community to articulate one’s opinions and ideas without fear of retaliation censorship or sanction. contemporary realistic world order rests on the foundation of human rights celebrating around historical concept of Humanism.
United nations declaration on human rights adopted by member countries on 10th Dec 1948 included important conditions for overall moral,material and intellectual development of humanity under article 19. It states that “Everyone shall have the right to hold one’s opinions without interference and everyone shall have right to FREEDOM OF EXPRESSION, this right shall include freedom to seek, recieve and impart ideas and information of all kinds, regardless of frontiers either orally or written or print or through any media of choice. Among others International human rights law and international covenant on civil and political rights recognises this attribute as inalienable right of human beings. This aspect was thoroughly discussed by social theorists and experts from long time ago . Among them J S MILL is by far the most exponent and proponent of freedom of speech and expression. He goes even to the extent of saying” Even one person has opinion different from society the community has no right to suppress that opinion as we don’t know where from truth emerges and even if that opinion is wrong the community’s view will prevail”. The explicit recognition of this right in said words carry an implicit message for humanity to embrace. Herein lies the new democratic world order whose foundation rests on sovereignty of people.
The ideal enhanced its acceptability at frenetic pace Immediately after WWII. This order envisages democratic decision making as superior quality of society. Apart from political dimension the ideal embraces Human rights on highest pedestal. Our constitution coincidences with aspirations of its citizens through inclusion of article 19 in chapter 3 granting six inalienable rights except miniscule restrictions prescribed in article itself. Article 19(a) ensures FREEDOM OF SPEEXH AND EXPRESSION irrespective of any basis to one and all. This article was very stretched by judiciary after Maneka Gandhi case through adoption of DUE PROCESS OF LAW. In fact the adoption of democracy and ratification of UN declaration itself declared future vision of society after colonial rule. The societal needs were aligned in accordance to needs of police state at that time. There was centralised decision making without right to know and right to be oneself as human being.This was very well reversed by adootion of democratic path on vision of freedom strugle. This right in its present shape includes a wide range of attributes like freedom of press, RTI, expression through print media or social media like platforms, right to criticise government etc . That’s to say the provisions necessary for multidimensional development of man are embedded in it. Apart from individual development the societal development depends on the very survival of right to free speech. Historical records has proven the ability through RENAISSANCE phase and Social contract phase of society. It enhances cognitive ability of man along different orientations and reshapes his viewpoint in accordance with needs of society.
As far as the success of democratic path in India is concerned there’s disagreement among social sciences experts on various fronts. Prominent Historian Ramachandran Guha mentions the success partial with scope for enhancement of environment for Human rights. The preventive detention and sedition provisions of constitution and Indian penal code respectively overshadows the success on human rights front. Though story is certainly different from other countries like Sri Lanka and Pakistan but the relative success is bleak as compared to western countries. Our diverse cultural differences need to be resolved through absolute freedom of speech. On political front it increases accountibility and transparency of both temporary as well as permanent executives.The activism of RTI has successfully track record in its kit with uncovering of big corruption scandals. However social dimension of liberty is more important from present perspective. The rise of intellectual development is attributed to right of free speech as was maintained by Raja Rammohan Roy. It resolves conflicting claims into a compassionate social ideal. The Thesis and Anti thesis theoretical considerations evolves into synthesis through widespread freedom for nourishment if cognitive ability.
The inalienable right of free speech is universally accepted essential of Humanity. However there should be cautious approach between community’s freedom and freedom of individual. One may create public disorder while other may inhibit intellectual development. The recognition of “ self regarding and other regarding” dimension by J S MILL may come handy. There’s a need to evolve a free and autonomous individual centric society through insemination of reformative ideas. The ritual and traditional conservative mentality needs reshaping for intellectual development. It demands the separation of individual and social fields albeit not through absolute liberal standards but as per society’s need. Unless and until the environment for intellectual development is not ensured the onward journey seems sturdy. All in the right enhances scientific and empirical ability of society,so essential for existence of society……..
Shahid Majeed Mir can be reached at mirshahid363@gmail.com
