Freedom of Speech and Expression cannot be unconstrained in a civilized society? Lalit K Kaul

 Freedom of Speech and Expression cannot be unconstrained in a civilized society?

Lalit K Kaul

In a democracy everybody has a right to express, we are told. The politicians say it too often because by publicly saying so they seek legitimacy for any kind of statement that they may make in public / Parliament/ State Assembly regardless of its after effects on the societal dynamics. The obnoxious law that affords them immunity cover is that they can make any statement devoid of sustainable evidence in the Parliament/Assembly as no law of the land can take cognizance of it and no citizen can file a complaint against them in any police station and/or courts. This limitless freedom of speech afforded to the politicians in secured premises and during election rallies is singular reason for degenerate political system that allows political indulgences which are not conducive to maintaining peace and harmony among the citizens in respective societies.

Civilized Society:  

The fact that a civilized society is ingrained with a “Value System” implies that human behaviours are restrained by inviolable edicts of morality and good ethics. As the societies/civilizations evolve the “Value System” may also evolve to be in synchronism with the changing times, yet limitless freedom is not afforded to anybody at any point of time and to enforce the given “Value System” the law of the land and the elders in a community must play their respective roles.

Freedom of Speech:

Every human being is gifted with attribute of speech, unless unfortunately one is born dumb. So, it is ordained that everyone uses his/her voice to communicate with the people. So, it doesn’t make much of a sense when politicians say “in democracy everyone has the right to speak” (लोकतंत्र में सब को बोलने का हक है) (لوکتنتر میں سبکو بولنے کا حق ہے). It is birth right of every individual to speak out his opinion/ idea on a subject/topic that interests him/her and this right is independent of the nature of a State – democratic, totalitarian, dictatorial, theological and/or secular. Debating on a topic without hurting sensibilities of the participants in a debate is what the “Value System” is all about and any foul word used shall not be acceptable to the panel of judges.

The age old saying is that a word let out of the mouth is like an arrow that when leaves its bow is not retrievable; implying that the damage done by usage of wrong word cannot be undone as it leaves its indelible mark on the mind of a person against whom it was used. It may not only break the communication link between the two, but may also leave an everlasting bitterness in other’s mind. Therefore speech is a very potent weapon that needs to be used with utmost care and that’s where “Value System” ingrained in a society helps and this freedom while speaking, thus, has a predefined domain.

Freedom of Expression:

There are many ways to express like, 1) by using symbols, 2) by gross physical act and 3) by subtle expressions on one’s face.

Expression of hatred, love, enmity and/or friendship towards someone like; a community, a race, a religious sect and/or an individual is an inalienable attribute of human beings. The likes and dislikes of an individual are internal to him/her that may find expression in regard to animate and inanimate beings; like, one may dislike somebody’s behaviour, attitude and/or public conduct; one may like or dislike some commodities. Yet no one can assume this freedom to publicly express dislike against any individual/race/religious sect and if anyone does it then it is misuse of the freedom to express. While the law of the land may take cognizance of such an uncivilized behaviour yet the turbulence that such irresponsible proclamations cause may do irreparable damage to the fabric of the society.

Expression by gross physical act:

Political parties across the spectrum are responsible for engineering communal riots to their advantage in terms of polarizing the prospective voters in their favour and/or for dislodging a CM whom the party high command no longer favours. The political parties let loose their goons to kill people, loot and damage public properties including the places of worship. It’s amazing that at the shortest possible notice the goons come out in the open fully armed with stones, knives, country pistols, crude bombs etc; the swiftness with which a riot erupts implies that political parties are ever ready to create the mayhem.

Vandalizing Hindu temples and breaking Idols of their Gods & Goddesses, under the cover of religious duty, is too barbaric and irrational an act that no civilized society can tolerate, but they do happen and no mechanism has been put in place to prevent such despicable acts. 

Expression by using symbols:

Cartoonists express political/social/economic conditions through their cartoons and sarcasm remains inalienable part of their expression. The people enjoy seeing such cartoons as they reflect the situations they (people) experience day in and day out. Such cartoons don’t hurt anybody’s sensibilities because they depict reality.

To hurt religious sentiments of the people with the help of cartoons can under no circumstances be allowed, in a civilized society, under the cover of freedom of expression. What was done in a “civilized & democratic” Nation to hurt the sentiments of Muslims across the world is indefensible under the cover of “freedom of expression”. It only let loose a response that took lives of many innocents and, perhaps, enhanced mistrust between the communities. 

The Bottom Line:

The likes of Abraham, Moses, Prophet Muhammad, Sri Ram, Sri Krishna, Buddha, Mahaveer, Sikh Gurus et al shall remain alive/ itched in the minds of their innumerable followers until deluge and thereafter, but those who denigrate them shall be forgotten by their generation next.

It only belittles a person and shows up his/her culture and upbringing who takes pride in insulting such greats and therefore it may be advisable to keep off such indulgences.