Monday, 7 February 2022

Freedom of Speech and Contempts of Court Act(1971) -by Vedant Karia at LexCliq

 Freedom of Speech and Contempts of Court Act(1971)

Speech is a gift from God to mankind. Speech is the means by which a human being communicates his or her thoughts, sentiments, and feelings to others. As a result, freedom of expression and expression of thought is a natural right that a living thing being acquires at the time of birth. As a result, it is considered a fundamental right.

Freedom  of Speech and Expression in India

India's Constitutional Act of  1895, considered India's first  constitutional vision, contained the following provisions on "Freedom of Expression and Expression". They are responsible for the abuses they may commit during the exercise of this right when and in  such a manner as may be determined by Parliament." It contains provisions regarding these freedoms." When it comes to  fundamental rights, individual freedom is paramount. India's constitution guarantees "six fundamental rights" in the form of freedom. Here we are only concerned with "freedom of expression and expression". Section 19(1)(a)  provides that “every citizen has the right to expression and freedom of expression”. This freedom plays a key role in shaping "public opinion" on "economic, political and social issues." These freedoms include “dissemination of information” and “freedom to disseminate and exchange ideas”, which help to form opinions and perspectives and conduct discussions on issues of public interest. This freedom also includes the expression of opinions and views on any matter by means such as "oral", "written", "image", "print" or "film".

In Romesh Thappar v. State of Madras, Justice Patanjali Sikri observed that:

 “Freedom of Speech and of the Press lay at the foundation of all democratic organizations, for without free political discussion no public education, so essential for the proper functioning of the process of popular Government, is possible.


Contempt of Courts Act,1971

It is a well-known fact that the 'freedom of expression' guaranteed by the Indian constitution is not 'absolute' and that 'reasonable restrictions' can be imposed on this right for various reasons including 'contempt of court'. According to the Contempt of Court Act 1971, if publications interfere with or tend to interfere in any way  with the administration of justice, they can lead to criminal contempt of courts and can only be prevented by placing “reasonable restrictions” on “the right to freedom of speech and expression”. Everything in this country is inherently limited, whether right or free. Similarly, the freedom of speech and expression  guaranteed by Article 19(1)(a) of the  Constitution of India was also limited by reasonable measures under Article 19(2) of the same Act. Paragraph 2 of this article states that states have the right to enact any laws imposing restrictions on freedom of speech and expression, and on the same page no one may use this right in violation of their sovereignty and integrity  of security. national. Incitement to public order, defamation and insults, decency or morals against or in relation to the courts or against the State or any other state friendly. The Constitution provides for these reasonable limits to protect other fundamental rights to liberty. The preamble of the Constitution states that everyone has the right to  a  life of dignity and  a fair trial, but the media is busy with their own lawsuits and does not care about future prospects or opinions. by claims of the kind that may be faced by those who have used their actions or their powers.

Vedant Karia


No comments:

Post a Comment

Equality before law

  Equality before law “The state shall not deny to any person equality before the law. Meaning of right to equality This means that every pe...