EXPRESSION AND PREMISSIBLE EXPRESSION IN A CHANGING SOCIETY

The ‘Freedom of Speech and Expression’. I suppose the most important realization of democracy, lies in guaranteeing to each of us this freedom aptly celebrated by the constitution under Art. 19 1(a). However the freedom would indeed involve a toleration of a great deal of nonsense, and even of matters which are in bad taste. Is our free speech dependant on our ability as an organized society to allow or disallow what we consider as permissible? But isn’t expression, a marvel that life too enables us to realize? Do we respect this freedom made available to us in a manner as cleverly articulated as in 19(1)(a), read with the restriction in 19(2). The availability of this freedom speaks largely of how mature a society we continue to be a part of. Acting in true Kelsenian fashion, we certainly cannot deny that we live in world of norms, or, our inability to disregard them in the least, while framing laws that govern our relationship with the state, society and each other. Could we say that the freedom guaranteed to us also speaks largely what we expect of the State? A more real transformation to adapt to changing social mores, rising sense of ones individuality and concerted effort at protecting the available freedoms with a view to read more and more freedoms into them. Contrastingly, we all see artists hiding behind the veil of creative expression asserting their right to expressing themselves as an extension of their nature and personality, a corresponding response of society built on distrust, hate and at times violence. Moral determination of content in the freedom of speech cannot be overruled each time we interact with each other as individuals, as citizens and as humans. However among all obstacles and judgmental error , unresponsiveness, prejudice, bias, brotherhood and hate, arrogance and respect, may be it is indeed time for us to look back and respect what this freedom has enabled us with. Respecting what the constitutional framers wished to entitle us with, and in respect of our ability to achieve much more through this freedom, is and remains a partially realized dream. I certainly think that we are confronted with a time and opportunity to reevaluate our energies spent in an inappropriate utilization of this freedom and channelize with our determinate energies, to bring about a change within ourselves and consequently a change in our society.

Zul Kafeel
zkadvitam@gmail.com