What Really Is Freedom?
In recent times, there have been many instances where the voice of a common man is curbed, and the general public is constantly monitored by various bodies and IT agencies. This raises many questions. Are we really living in a society where ideas of personal sovereignty, anonymity, and privacy are respected or protected?
These practices cast doubt on our fundamental rights protected under Article 21, along with Articles 14 and 19, which guarantee the protection of life and personal liberty (Article 21), the right to equality before the law (Article 14), and freedom of speech and expression (Article 19).
The Supreme Court has recognized privacy and freedom of individuals as essential aspects of personal liberty and dignity, complying with the basic idea of the Constitution of India. So why all these restrictions and monitoring? Monitoring by government agencies can be justified under the reason of links to terrorist activities and national security, but only to a reasonable extent.
The Supreme Court in PUCL vs. Union of India observed that tapping into one’s phone leads to the infringement of the right to privacy, which is a part of the right to life and personal liberty enshrined in Article 21 of the Indian Constitution. However, in certain situations, this can be curtailed. PUCL challenged the validity of Section 5(2) of the Indian Telegraph Act, 1885 (now Telecommunications Act, 2023).
So, one might think: what are those situations where your right to privacy can be curtailed and your phone calls tapped? These include instances of public emergency, public safety, threats to the sovereignty and integrity of India, security of the state, or friendly relations with foreign states. Phone tapping can also be authorized to prevent public order or incitement to commit offences.
Freedom of Speech and Expression
Moving from privacy to freedom of speech and expression, this concept is as important as privacy. Freedom of speech is a tool used by many to represent themselves, their communities, their problems, ideas, solutions, and most importantly, their identity as separate individuals.
The idea of freedom of speech lies under Article 19 of our Constitution, which guarantees fundamental rights to citizens, including freedom of speech and expression, assembly, association, movement, resistance, and occupation. Despite these rights and guarantees, we still seem to be struggling with the idea of free speech and failing to support the notion that we are truly free to speak in a fair and responsible manner, without defamation or abuse of this right.
This brings us to the concept of defamation, which is a statement that injures a third party’s reputation. It includes both libel (written statements) and slander (spoken statements), which should be prevented while exercising the fundamental right of freedom of speech.
Current Challenges to Free Speech
In recent times, the concept of free speech seems to be under threat due to restrictions and unethical control by several entities over Indian media houses, independent agencies, and individuals. This has led to the spread of misinformation and concealment of important facts, causing a lack of transparency and accountability. This affects the effectiveness of media and diminishes public trust.
The recent case of ANI, as reported by several YouTubers and media creators, is a prime example. Allegedly, ANI exploited content creators by demanding large sums of money for using small portions of clips in their videos, even when used for public good and factual awareness under fair use. This reflects unethical control and exploitation of reliable sources — a significant problem.
Freedom is not limited to speech or privacy. It includes access to genuine facts and information essential for public welfare, awareness, and upliftment. The ability to present such facts is another vital aspect of freedom.
Judicial Support for Fundamental Freedoms
It’s not that there is no emphasis or action taken to safeguard and uphold freedom of speech, personal autonomy, and privacy. Several landmark judgments by the Supreme Court of India affirm these rights.
- Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India (2019)
This landmark nine-judge bench judgment held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as part of the freedoms guaranteed by Part III of the Constitution. - Shreya Singhal vs. Union of India (2015)
This landmark judgment focused on freedom of speech and expression guaranteed under Article 19(1)(a). The Supreme Court declared Section 66A of the IT Act, 2000 unconstitutional, stating it violated free speech. It also clarified intermediary liability, affirming that online platforms only lose immunity if they fail to act on court or government orders. - People’s Union for Civil Liberties (PUCL) vs. Union of India (1996)
The Supreme Court held that phone tapping without procedural safeguards is an infringement of the right to privacy. It declared parts of Section 5(2) of the Indian Telegraph Act unconstitutional due to lack of safeguards, reaffirming the importance of privacy.
Our judiciary and various bodies are working to uphold the word “freedom,” which is an essential aspect of the fundamental rights guaranteed by the Constitution of India. Yet, many flaws and loopholes continue to curb these rights. One must strive to fix these issues and move toward true freedom of speech, expression, and personal autonomy to fully realize the protections under Article 21.
“Freedom is the first condition of law.”
— Georg Wilhelm Friedrich Hegel
Author’s Note
Greetings, readers. I am Rajdeep, and I am privileged to introduce you to my first publication. I truly hope you find it helpful and interesting. Please forgive any careless mistakes, as I learn and develop through this experience.
The topic I wanted to talk about is: What really is freedom? It sounds like a basic right, but when we think deeply, are we truly free?
