The Indian Constitution guarantees freedom of speech to every citizen and there have been landmark cases in the Indian Supreme Court that have affirmed the nation's policy of allowing free press and freedom of expression to every citizen. In India, citizens are free to criticize politics, politicians, bureaucracy and policies. The freedoms are comparable to those in the United States and Western European democracies. Article 19 of the Indian constitution states that:
All citizens shall have the right
to freedom of speech and expression;
to assemble peaceably and without arms;
to form associations or unions;
to move freely throughout the territory of India;
to reside and settle in any part of the territory of India; and
to practise any profession, or to carry on any occupation, trade or business.[13]
These rights are limited so as not to effect:
The integrity of India
The security of the State
Friendly relations with foreign States
Public order
Decency or morality
Contempt of court
Defamation or incitement to an offence[13]
Freedom of speech is restricted by the National Security Act of 1980 and in the past, by the Prevention of Terrorism Ordinance (POTO) of 2001, the Terrorist and Disruptive Activities (Prevention) Act (TADA) from 1985 to 1995, and similar measures. Freedom of speech is also restricted by Section 124A of the Indian Penal Code, 1860 which deals with sedition and makes any speech or expression which brings contempt towards government punishable by imprisonment extending from three years to life.[14] In 1962 the Supreme Court of India held this section to be constitutionally valid in the case Kedar Nath Singh vs State of Bihar.[15]
"Peaceful"
