As per the Article 19(1) (a) in the Constitution of India all citizens shall have the right to freedom of speech and expression. But this right is subject to limitations imposed under Article 19(2) which empowers the State to put ‘reasonable’ restrictions on the following grounds like security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to offence and integrity and sovereignty of India.
Under section 500 of the Indian Penal Code ‘Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. However there are some exceptions to the offence of defamation. An accused charged with the offence of defamation may take the resort of any of these ten exceptions as defence. These are the privileged occasions. These privileged occasions exempt a person from criminal liability.
The Konkani tiatrists in Goa have always been bringing on stage social issues which are true and for the good of the citizens of our State. The draft undertaking which Ravindra Bhavan had drafted for tiatrists booking the hall for productions after the monsoons, stating that no criticism of government, ministers, MLAs/ VIPS shall be made during a stage performance at Ravindra Bhavan was an attempt to murder the fundamental right of the freedom of speech guaranteed to every citizen of India by the Constitution of our country.
The controversy over the draft undertaking imposing restrictions on the tiatrists from singing songs directed at the Ministers, MLAs, VIPs, etc may have been solved according to the Chairman of the Ravindra Bhavan Mr. Damu Naik. But by writing this article, I am exercising my fundamental right to freedom of speech and expression.
