Crestfallen Actuality of Section 295 (A) in India

  • Sarang Mishra
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  • Sarang Mishra

    Student at Baroda School of Legal Studies, The Maharaja Sayajirao University of Baroda, India

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Indian Constitution is claimed to spread liberal democracy, and for the existence of the same, free speech needs to be the cornerstone. The Constitution of India gives every citizen of India the freedom of speech and expression under Article 19 1 (a). We are however restricted in the exercise of our rights by Article 19 (2), which permits the continued enforcement or enactment of any law impeding free speech, if it is on the grounds permitted under the clause. Thus, Section 295A has come into being. However, the existence of this section contradicts the concept of ‘secularism’ mentioned in our Constitution. It reads: S. 295A – Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. T. In a society, where secularism and the freedom of speech has been guaranteed, then a section like Section 295 A does not make sense. Because the so called liberal society then guaranteed freedom of thought and speech. There should not be any ‘sanction’ from the state merely because somebody’s feelings are hurt or because someone is ‘outraged’. This entire section is ‘contrary’ to the freedom of speech.




International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 142 - 147


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