Abstract
Freedom of speech and expression is one of the essential rights for humans; however, some people in the guise of right to freedom of speech and expression glorify the acts of terrorism. In India, there are several laws making certain speeches punishable, but these laws fail to take into consideration speeches that glorify terrorists or acts of terrorism. The objective of this article is to examine the scope of provisions or laws that may be introduced to prohibit speech glorifying acts of terrorism in India while maintaining a balance with the right to freedom of speech and expression granted under the Constitution of India, 1950. This article attempts to assess United Nation Security Council Resolution 1624 and laws enacted in the wake of terrorist attacks in European countries such as the United Kingdom and France, and how they deal with speech that glorifies terrorism. This article also discusses case laws on glorification of terrorism of the European Court of Human Rights.
Highlights
Article 19(1)(a) of the Constitution of India, 1950 provides every citizen a fundamental right to freedom of speech and expression but some citizens often misuse their right to freedom of speech granted under the Constitution
In the words of the Prime Minister, the attack was not just an attack on the building of the Parliament but a ‘warning to the entire nation.’[8]. Afzal Guru was found guilty for these terror attacks, and while upholding the death sentence of Afzal Guru, the Supreme Court of India observed, ‘Short of participating in the actual attack, he did everything to set in motion the diabolic mission.’[9]. In February 2016, some students arranged an event commemorating the death anniversary of the terrorists Afzal Guru and Maqbool Bhat[10] inside the campus of a Central Government University, namely the Jawahar Lal Nehru University (JNU).[11]
As per the report of Committee of Experts on Terrorism, Apologie can be understood as the ‘public expression of praise, support or justification of terrorists and/ or terrorist acts.’[57]. UN Secretary General in his guidelines for United Nation Security Council (UNSC) Resolution 1624 (2005) stated that only incitement to terrorism, which ‘directly’ promotes ‘commission of a crime’ must be made a punishable offence and a speech that glorifies acts of terrorism, should not be criminalized because the states must comply with the international protections for freedom of expression.[58]
Summary
Article 19(1)(a) of the Constitution of India, 1950 provides every citizen a fundamental right to freedom of speech and expression but some citizens often misuse their right to freedom of speech granted under the Constitution. Union of India,[5] the court held that what separates ‘terrorism’ from other political offences is principally the ‘psychological’ factor that is always supported with violence and unrest. In the wake of terrorist attacks, few European countries have in the recent past either enacted or amended existing laws and have targeted speech glorifying acts of terrorism. These new laws can offer help to the Indian legislature in understanding the relevance of having such narrowly defined laws or provisions that criminalize speeches that glorify terrorism in a democracy like India. 1 (1994) 4 SCC 602. 2 Id.at para. 7. 3 Ibid. 4 Ibid. 5 (2004) 9 SCC 580. 6 Id. at para. 6
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