Comparative Analyses Of Freedom Of Speech & Expression In Usa And India
Junu Das · Zenodo (CERN European Organization for Nuclear Research) · 2022
The contemporary world is largely advocating democracy as the best form of governance where the extent of rights enjoyed by the citizens within a sovereign nation determines the status of its democracy. Both India and USA have demonstrated themselves to be the world’s one of the largest democracies and both these nations have adopted right-based jurisprudence, where India focused on ensuring individual freedoms to its citizens without compromising with social justice and highlighting the responsibility of the State in promoting access to justice as a welfare state while USA focused primarily on securing individual rights of its citizens above all. Freedom of Expression has been provided a wide recognition as one of the Fundamental Rights in both India and USA. However, the scope of such rights as enjoyed by the citizens of both these nations differs in the manner such right is regulated by their respective governments and adjudicated by their respective judiciaries. In both the countries this right is not absolute and the line of demarcation between the right of citizens to express their emotions and the liability for exercising such right in access of its scope varies in both the countries and the manner how it varies and on what factors such variation depends in both these countries assumes importance to be studied. After a careful analysis of the status of this right in both the countries, it has been observed that in India, the scope of this right for the citizens is larger than that of the fellow citizens in USA.