The Sangyan: Law. Inclusion. Sustainability.
The Sangyan: Law. Inclusion. Sustainability.
June 3, 2025 at 02:48 AM
*Audi Alteram Partem: Re, Mirage of Freedom of Speech and Expression* Just because eleven people think or believe in something, you don’t have to think and believe the same. Always reason! #twelveangrymen #bolotohjaane — An initiative of The Sangyan and curated by Adv. Abhishek Kumar, to break the ‘Spiral of Silence’, based on the principle of ‘Audi Alteram Partem’ (“hear the other side”) and understanding of “let’s agree to disagree and respect each other’s ‘right to be wrong’”. Let the śāstrārtha continue. "Freedom of speech in India: a cherished right or a mere illusion? This blog post delves into the complexities of free speech and expression in India, guided by the principle of Audi Alteram Partem (“hear the other side”). Through analysis of recent legal cases — such as the contrasting legal actions against Khadija Sheikh and Sharmistha Panoli — and historical perspectives like the Natya Shastra and the First Amendments (of the United States and the Indian Constitution), the author argues that freedom of speech is often undermined by inconsistent and unfair legal applicability and enforcement, societal intolerance, political pressures, and social media outrages. The author critiques the colonial-esque broken governance (policing) and justice systems, advocating for reforms rooted in Indian civilizational values of Dharma, Nyaya, and Niti. It calls for a collective commitment to the ‘rule of law’ (following the principles of fairness and consistency), urging the ‘whole-of-society’ approach and the state to protect individual rights (fulfilling its Rajya Dharma under the ‘Social Contract Theory’ as well as mandate of the Consitituion) and foster open dialogue (culture of śāstrārtha), ensuring free speech becomes a reality, not a mirage (against the street veto and mob terrorism like “Sar Tan Se Juda”)." Bolo Toh Jaane — Audi Alteram Partem: Re, Mirage of Freedom of Speech and Expression — https://sangyan.medium.com/bolo-toh-jaane-audi-alteram-partem-re-mirage-of-freedom-of-speech-and-expression-dee0cdd5c05c

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