The Right to Free Speech in India Today
Udayon Misra · 2025
This chapter critically examines the evolving landscape of free speech in India from the immediate years following Independence to the present day. It argues that, despite constitutional guarantees, the right to free expression remains under threat due to historical legacies, socio-political dynamics, and the rise of authoritarian tendencies. The chapter highlights the chilling effects of ethno-nationalist movements, particularly in the northeastern region of the country where community passions often suppress dissenting voices. Comparing the Emergency (1975–77) with the present situation, which the author terms as a “subterranean” emergency situation, he illustrates through historical analysis and case studies how societal conformity and fear of reprisal hinder individual expression. The judiciary&s;s role in safeguarding free speech is also scrutinized, revealing a complex interplay between legal frameworks and societal realities. The author contends that the current climate of intolerance and majoritarianism poses significant challenges to democratic values, urging a renewed commitment to protecting individual rights. Finally, the chapter calls for greater awareness and activism to reclaim the essence of free speech as a fundamental pillar of democracy, emphasizing that true freedom of expression is inextricably linked with social and economic justice, the attainment of which is still a distant goal in India.