The Restrictions on the Fundamental Right to Artistic Freedom under the Right to Freedom of Speech and Expression in India and their Reasonableness

Abstract

The freedom of speech is regarded as the first condition of liberty. Liberty to express newlineopinions and ideas without hindrance, and especially without fear of punishment plays newlinesignificant role in the development of that particular society and ultimately for that newlinestate. It is one of the most important fundamental liberties guaranteed against state newlinesuppression or regulation. However this freedom is not absolute. Article 19 (1) (a) of newlinethe Indian Constitution gives every citizen the right to freedom of speech and newlineexpression. Article 19 (2) imposes reasonable restrictions. The state can impose through newlinelaw reasonable restrictions in interests of sovereignty and integrity of India, the security newlineof the State, friendly relations with foreign States, public order, decency or morality or newlinein relation to contempt of court, defamation or incitement to an offence. Art is a form newlineof speech and expression that is essential in the development of an individual. Apart newlinefrom individual autonomy in the creation and development of art as a facet of his right newlineto speech and expression, it reflects heavily on the cultural, political, historical and newlinetraditional background of a given society. Art speech is unique in that it is not always newlineto please and gain acceptance. It is, by nature, radical and intended to question the newlineexisting system. Art is used as a method of active dissent, of peaceful non conformity newlineand contributes not only in the political discourse of the country but also the cultural newlineand traditional values of a society. Artistic expression or art speech have always been newlineat the centre of controversies because of its content and presentation. This thesis is an newlineendeavour to find out the scope and extent of protection accorded to artistic freedom newlineunder Article 19 (1).