No free man shall be taken or imprisoned or deprived (i.e. deprive
of land) or outlawed or in any way destroyed, nor will we go upon him or
put upon him, except by the lawful judgment of his peers or the laws of
the land. (Magna Carta year 1215).
History is fraught with the fight against oppression and tyranny. The
coup de tat’s and revolutions which took place for all these years,
gradually emancipated man from the iron clads of totalitarian and
monarchial rule.
All these years have overturned the history. There were times when
man was bound in the chains of oppression primarily from religions strong bold and secondly from the ruler (monarch) and the lords. A common t
in Tador period when kings used to prescribe the time for getting up in the
was a miserable ntan. He had no say in any matter. Even there were times
morning and sleeping at night. Human beings were voiceless in the affairs
of the state.
Then there came time when man started for fight for his rights
Revolutions, no taxation without representation, bloody rebellions
wars, all were fought for the purpose of attaining freedom for the commes
man. The time from mid eighteenth century till early twentieth
rumpus with these events. Gradually, man realized that.
century
“All men are created equal and that they are endowed by their
creator, the lord, certain inalienable rights, among them are life, liberty
and the pursuit of happiness”.
Thus emphasis was shifted from collective exercise of right, from
monarch, to individual exercise of right.
Then came the third phase, where it was recognized that
individual has certain inalienable rights. But these rights began to appea
Communism. These “isms” began to appear in order to reflect that the
in the shapes of different ideologies. Fascism, Nazism. Capitalism, and
way they provide as a matter of fact is better.
And lastly, now man has arrived at a place where he is exceeding
his right of freedom and is gradually encroaching on the right of his
fellowmen. The history has travelled. The historical cycle has faced all
ebbs and flows yet the question is, do we stand at the correct place or not?
MEANING OF THE “FREEDOM” OF SPEECH.
By freedom of speech we understand the right of a person to say or
speak whatever he wishes to say or speak, provided it does not amount to
slander or libel or obscenity.
A false statement, in addition, does not amount to freedom of
speech. Only true remark falling within the sphere of one’s right and not
encroaching on the rights of other people, amounts to the freedom of
speech.
Freedom of speech is also interwoven with the freedom of press.
Since freedom of press amounts to the same only in the written form.
Though the communications of press is relatively to the larger people. Voltaire (1694-1778) is considered to be the propounder of the theory of
the freedom of speech.
It were these ideas which led to the famous French revolutions
against the monarchial setup of France.
According to Voltaire, man has an inherent right to speak. No
matter the other person likes it or not.
HOW VOLTAIRE GATHERED THIS IDEA.
Voltaire was exiled from France. Instead of going to another
European country, he decided to cross the English channel and reached
England. At his arrival he was merely a poet. There he was enchanted by
the English ideas like the writ of “Habeas Corpus” where by no person
can be committed to prison without the due process of law. Thus these
ideas enhanced Voltaire perception about the freedom of man and his
speech. He also came to know that the members of the parliament were
regularly summoned by the King and that time in the house they could
speak their heart out and the opposition could criticize the people in
power. Thus Voltaire entered England as a poet and left when he was a
sage man.
THE REVOLTING PEOPLE.
The idea of the freedom of speech gradually took shape. These ideas
were read by Americans, who transformed them into their Article of
confederation. When King tried to suppress them by the will of his
arbitrary powers. The colonist raise their voice that without their due
consent, no rule could be made that there voice was necessary for the
discipline in the society and that all men were created equal. Similar were
the circumstance which took the shape of French revolution.
Thus people started fighting for their rights. i.e. Freedom of speech
they asserted that their voice was necessary for the prosperity of their
country.
RELIGIOUS CONCEPT OF THE FREEDOM OF SPEECH.
“Man is the creations of God. He hath given him birth to be
independent”.
Man is an independent being with equal rights. This is what all
religions have preached since antiquity. But this is what they’ve practised at least. Religion has been the most potent force in guiding manking
towards better future and salvation.
Yet till the advent of 19th century, religion has played vital role in
priestly
the politics of the country, rules and regulations laid down by the
blessings were unchallenged in the eyes of law. The church had
right to declare any person as heretic and non-believer.
every
Though all religions provide freedom of speech to man but man
made additions in the Holy books (except Quran), led to a horrible
of God and religion.
concept
Islam attaches fundamental importance to the freedom of speech,
ISLAM.
Hazrat Muhammad (P.B.U.H) used to listen each and every word
patiently even if certain person used to abuse him. To Him freedom
speech is one of the elementary elements, which should rest with
individual,
But after the death of Hazrat Muhammad (P.B.U.H) and His four
Caliphs, things drastically began to change. There began to appear a
narrow interpretations of the laws.
subjects of the “Ottoman Caliphate,” the ultimate result of which was
In the mid nineteenth, century freedom of speech was denied to the
revolutions and coup d’etats and hence the disintegration of the caliphate,
RELIGION IN PAKISTAN AND THE FREEDOM OF SPEECH,
Though a religiously moderate country, Pakistan is also going
through the orthodoxy of Islam. Ahmadi’s are classified as non-Muslims,
reason being that they do not believe in finality of the Holy Prophet,
similarly many other laws have been enacted which impose restrictions on
the freedom of people and in certain cases non-observance of these laws
are being punished severely. Fundamental cannons
Jurisprudence have been put behind and teachings of the Holy Prophet are
of Islamic
not being given due regard. In most of the cases, might is right, and
power is considered to be everything. Freedom of speech and expression
has been expressly denied to some extent in Pakistan.
Even article 19 of the constitution of Pakistan, grants freedom of
speech and expression. But religious fundamentalism has led to establish
certain rules and regulations which are in complete defiance to the constitution and as well as the concept of the freedom of speech and
expression.
Similar was the case with the Freedom of press(which is also
attributed to the freedom of speech) Press and Publication ordinance 1963.
are classified as “blackest of blacklaws”.
21ST CENTURY AND THE FREEDOM OF SPEECH AND
EXPRESSION.
The present day freedom of speech and expression is divided into
three worlds.
Ist world having full freedom of expression. (By Ist world we mean,
developed countries of the Europe and North America).
IInd world, (the erstwhile communist block) where freedom of
speech and expression is expressly denied.
IIIrd world (all under developed countries) where freedom of speech
and expression is not denied but neither it is given in the fullest possible
sense.
In western democratic traditions, however, four principles are
generally involved:-
1. Need for Individual fulfilment tied directly to individualism
and respect for person hood.
2. The search for truth, traceable to Jahn Milton Claims that
truth will conquer falsehood, is a free and open encounter.
3. Self-government which links freedom of expression to
democracy.
4. Freedom of expression is safety valve, a way balancing the
need for social stability and the need for change.
Though western democracies adhere strongly to these dictums but
generally the tendency of freedom has outgrown its utility. The people are
not out using these rights merely because they fall in sphere of their right
but they have started encroaching on the rights of other people. Which, in
fact, goes against the concept of the freedom of speech and expression.
The right has been utilized in a wrong way for example, maligning the president (Jennifer flower case against President Bill Clinton at USA
searching the truth, western democracies are destroying it.
IIND WORLD.
Previously, till the strong hold of communist region, the freedom of speech and expression was entirely denied to the people living in the
Eastern Europe, China and U.S.S.R. Instead of giving them (the masses)
their divinely rights as an individual, man made rights and duties were
created, which resulted in the disintegration of Russian evil empire. Ye
China is the only country belonging to the IInd worldcountries which still
has socialist reign. It may be pointed out that the dissidents in China
living a miserable life and there is a continues human rights violations,
IHIRD WORLD.
Regarding third world countries the freedom of speech and
expressions is divided into two groups. The elites of the country, ie,
politicians and Government Officials enjoy the freedom of speech and
expression whereas the common man only use this freedom when elections
are held.
Conclusion:
The question arises, is it necessary to have freedom of speech and
expression?
The Answer, off course, is yes because an individual does matter,
especially in a democratic set up, an Individual is more important than the
government. In fact Governments are installed for the sake of people, for
the benefit of an individual. So that not even an individual be deprived of
his right. He should share them in equality. The concept of might is right,
should never be made applicable.
In fact it is, an individual, for whom the religion is. revealed by the
God. In fact God Himself want that his creatures should enjoy full liberty
which he has granted to them.