speech they do not agree with, rather than ensuring
a safe space to speak for all. Expressions of sexuality are frequently penalised irrespective of consent
or intent; women’s agency rarely seems to matter
here. Even copyright laws are applied in ways that
disregard freedom of expression and criticism of
court decisions is all too easily seen as contempt.
Even where there is no threat of arrest, freedom
of expression is frequently hampered through overly broad government blocks, limited protections of
intermediaries and sledgehammer methods such as
network shutdowns. In addition, concerns around
network neutrality and surveillance can further
silence many voices, including, in the latter case,
through self-censorship.
As the country has such a solid reputation as a
democracy, this long list of challenges to freedom
of expression that can be found in India may come
as a surprise. A central tension that runs throughout almost all of these challenges, however, is that
between public order and freedom of expression – a
tension that was debated as early as during the time
of India’s Constituent Assembly. It is because many
lawmakers as well as government officials continue to believe that public order trumps freedom of
expression wherever the two clash that restrictions
can be imposed in India with relative ease – and the
judiciary provides only limited relief. Only when the
courts, too, start to see a need to carve out space
for freedom of expression even when public order is
in disorder, will stronger protections of the right to
freedom of expression likely emerge. Especially in
the age of the internet, hecklers should not be allowed to veto speech, if the potential of the internet
to allow a voice to even the most marginalised in the
country is really to bloom.
82 / Unshackling Expression