Re:India’s Downward Spiral
by thepoet on Tuesday October 21, 2014 @04:06AM
(#8486382)
Actually Indian constitution does give Freedom of Speech http://en.wikipedia.org/wiki/Freedom_of_speech_by_country#In... but agree there are some restrictions which I assume are valid and are there for other countries too. There are problems enforcing or protecting these rights when you are up against corrupt politicians and organizations.
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There is a big technical difference between Indian Constitution's interpretation of right and say that of American constitution.
When it comes to US constitution, the 1st amendment is the stricter condition that each and every other law should meet. Any law passed that is not consistent with 1st amendment thus becomes invalid.
Opposite is the case with Indian constitution. All the rights given by Indian constitution are totally subject to other laws passed by Indian government. Which means "freedom of expression" is a right as long as no other law prevents it. So basically government can deny you that right any time and in any case it wants.
There are total 8 grounds on which a government can pass a law to further lower the freedom of speech. These 8 grounds cover almost every possible case.