Freedom of speech in India

The Constitution of India provides the right of freedom, given in articles 67,45,87,92 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the Freedom of speech and expression, as one of its six freedoms.

The law in the current form finds its root in the Hate Speech Law Section 295(A) enacted by the British Administration in India. This act was brought about in the backdrop of a series of murders of Arya Samaj leaders who polemicized against Islam. This started in 1897 with the murder of Pandit Lekhram by a Muslim because he had written a book criticizing Islam.Koenraad Elst argues that "Section 295A was not instituted by Hindu society, but against it. It was imposed by the British on the Hindus in order to shield Islam from criticism". The murder series caught lime-light in December, 1926 after the murder of Swami Shraddhananda for the protection he gave to a family of converts from Islam to Hinduism in addition to writing Hindu Sangathan, Saviour of the Dying Race in 1926.

Precedence to this law started even before this as in a case against Arya Samaj preacher Dharm Bir in 1915, ten Muslims were sentenced for rioting, but Dharm Bir was also charged under section 298 for “using offensive phrases and gestures (…) with the deliberate intention of wounding the religious feelings” of another community; and under Section 153, for “wantonly provoking the riot which subsequently occurred” and “a judge was brought in who could assure conviction”.

The Constitution of India 1950 was drafted by the Constituent Assembly from 1946-1950. However, this Constitution drew on a longer history of antecedents documents drafted either as legislation governing British India or aspirational political documents.

The Constitution of India Bill 1895, widely considered to be the first Indian articulation of a constitutional vision, contained the following provision related to freedom of speech and expression - 'Every citizen may express his thoughts by words or writings, and publish them in print without liability to censure, but they shall be answerable to abuses, which they may commit in the exercise of this right, in the cases and in the mode the Parliament shall determine.'

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Wikipedia