This year marks the centenary year of Jaliyawala Baag massacre happened in 1919 during the British rule in India. A crowd protesting against the two draconian laws implemented by the British Ruler was gunned down. One was like AFSPA. It was called Rowlett Act according to which anyone could be sent to jail for two years without appearing in the court. And the other law was to restrict the freedom of press. In 1947, India had won the freedom from British Rule. But these laws not have been changed. And particularly in Kashmi, we are witnessing many such laws which are against the democratic spirit of a constitution. Today we are living in the undeclared emergency. Yes, it is the real situation of democratic set up. During the declared emergency, the voice of the press, the voice of the fourth pillar of democracy was resisted and restricted rather it had been crushed under the feet of the rulers. And what we are facing in today’s undeclared emergency….? We have faced the brutal murder of Shujat Bukhari, Editor of the Rising Kashmir in the day light of crowded area like Press Colony of Srinagar… It’s matter of shame for any democratic country.
Every one has the right to freedom of opinion and expression. The right includes the right to hold opinions without interference and to seek, receive and import information and ideas through media, in writing or in print, in the form of art , or through any other media of his choice. Freedom of Expression and information has been adopted as Fundamental Human Right by Regional Human Right Treaties from time to time e.g the European Convention of Human Rights, 1950, the African charter on Human and people’s Rights 1981, the inter American Declaration of Principles of freedom of Expression 2000 and Declaration of the principle of Expression in Africa 2002. These conventions have reiterated Article 19 of the universal Declaration of Human Rights. Right to Freedom of Expression is regarded as closely linked to Right to Development. The Right to seek, receive and import information is not merely a corollary of freedom of opinion and expression; it is a right in and of itself. As such, it is one of the rights upon which free and democratic societies depend. It is also a right that gives meaning to the Right to participate which has been acknowledged as fundamental to the realization of the Right to Development.
The freedom of speech and expression includes right to acquire information and to disseminate it. Freedom of speech and expression is necessary, for self-expression which is an important part means of free conscience and self-fulfilment. It enables people to contribute to debates on social and moral issues. It is the best way to find the truest model of anything, since it is only through it that the widest possible range of ideas can circulate. It is the only vehicle of political discourse so essential to democracy. Equally important is the role it plays in facilitating artistic and scholarly endeavours of all sorts. The Right to communicate, therefore , includes right to communicate through any media that is available whether print or electronic, movie , article , speech etc. That is why freedom of speech and expression includes freedom of the press. The freedom of the press in turn includes right to circulate and also to determine the volume of such circulation.
In last few years, India has witnessed murders and killings of bold voices in the field of Journalism, Ban on TV Channels, and now Amendments in Right to information. But who can stop the voice of dissent? One can kill individual but can not kill idea.
The writer is chief spokesperson of J&K RTI Foundation