MAINS 2014
GS2
12.5 marks
What do you understand by the concept ‘freedom of speech and expression’? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss.
WRITE IN
9 min
200 words
What the examiner wants
Explain free speech, whether it protects hate speech, and why films are regulated differently.
DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.
Demand-wise check
- 1Concept: Art 19(1)(a) includes press, information, silence, commercial speech; reasonable restrictions under Art 19(2) on eight grounds≈35 words
- 2Hate speech: not protected; restricted under public order, decency, sovereignty; IPC 153A, 295A, 505 (now BNS 196, 299, 353); RPA Section 123(3A)≈35 words
- 3Films: greater visual and emotional impact on mass audience, so prior certification under Cinematograph Act 1952 (CBFC) is valid, unlike pre-censorship of press≈35 words
- 4Limits on that: censorship must be narrow; threat of violence cannot justify banning a lawful film≈35 words
Open in about 30 words and close in about 30.
Answer plan
Meaning of free speechHate speech and its limitsWhy films differ (cases)Safeguards against over-censorshipConclusion
Where marks usually go
- Not answering all three parts (concept, hate speech, films)
- No case law on films
Draw this
- Three-tier box: protected speech → restricted speech (Art 19(2)) → hate speech (penal law)
Value addition
- CaseK.A. Abbas v Union of India (1970): pre-censorship of films is valid because films stir emotions more deeply than other media.Supreme Court, 1970
- CaseS. Rangarajan v P. Jagjivan Ram (1989): expression can be curbed only if the danger is like a 'spark in a powder keg', not a remote threat.Supreme Court, 1989
- ReportLaw Commission 267th Report (2017) on hate speech proposed new Sections 153C and 505A IPC.Law Commission, 2017
Next: plan for one minute, write it in 9 minutes, then get it checked.