“Freedom of expression and speech is the very basic fundamental right of a person”. Explain and illustrate.
Introduction
Bangladesh has conquered its independence on 16 December of the year 1971. After the independence a guideline or rulebook of the fundamental rights has been published on 4th of November in the year of 1972. That rulebook is known as the constitution of our country. The constitution talks about all aspects that the citizen can find problem with. It talks about the rights the citizens have. It talks about what the citizen can do and what they cannot do. The constitution secures the rights that the citizens enjoy. In the beginning of our constitution it is said that:
“It shall be a fundamental aim of the State to realize through the democratic process to socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;
Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;”[1]
We have to be aware of the rights we have in the constitution. Any wrong interpretation of the rights can lead us to breaking the law and then getting punishment. We, as the citizens of Bangladesh should have clear idea about the fundamental rights we have.
Freedom of expression and speech
Freedom of expression and speech means that every citizen of the country has the right to express their feelings and they can speak whatever they want. The constitution approved this right in the 39 number point under the fundamental rights. People can express their feelings in two ways. One is verbal or oral and another is written. As a citizen of the country anyone can say whatever they want. This is the right to talk or express. The constitution states as below:
“39. Freedom of thought and conscience, and of speech.
(1) Freedom of thought and conscience is guaranteed. Freedom of thought and conscience, and of speech.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-
A. the right of every citizen of freedom of speech and expression; and
B. freedom of the press, are guaranteed.”[2]
How the right can be restricted
The constitution allows the citizens to express their feelings but it has restricted it to some extent. It asks the citizens to say or express the feelings as long as it is not harmful for the people or the country. If anything is said that can harm the country, the government can restrict that speech and arrest the speaker. It restricts any comments that conflicts with the security of the state, or that can do harm to the relation with the foreign countries, or that is not morally right, or that is in contempt of the court, or that is defamation or incitement to an offence. Government can arrest the person who makes any expression about anything stated above. And severe actions from serving jail to death penalty can take place according to the depth of the penalty.
For example, if anyone makes a speech in the media that can be harmful for the government or the people of the country, the government can stop that from being published and further actions can be taken against the person who made that speech. “According to The Jerusalem Post, Bangladeshi journalist and peace activist Salah Uddin Shoaib Choudhury is being investigated by Bangladeshi authorities on charges of sedition, treason and insulting religious belief. Choudhury, 44, has spent years opposing Muslim extremism through his writings, especially the Weekly Blitz which he started in 2003. He has called for interfaith dialogue and for normalizing relations between Muslim countries and Israel. He is accused of insulting Islam and harming the state’s reputation abroad, charges which, when couched as “sedition,” carry a possible death penalty.” [3] This is one example of the punishment that the government can give if anyone is found making any speeches against the country. In this case, Mr. Choudhury is being investigated for the comments he made that hurt the religious beliefs and he can get a death penalty too for this behave.
There was a freedom of speech for the media but that also fell under this rule. The media can publish that news which will bring no harm to the country. On 2 February, 2011 a bill has been passed in the parliament that allows the law to summon any journalists who make any defamatory comments or publications. Previously it was direct arrest for making this type of comments or publications.[4]
People will have the right until the right brings any harm for the people. Without harming anyone every citizen holds the right to comment about any issue or make any speech to other people. The government has no right to stop them unless they are breaking the rules of making the speech. The restrictions have been discussed previously in the article for which the government can punish the citizens.
Different aspects of the right
The constitution states the right clearly. It says in the 39 number point in the article:
“39. Freedom of thought and conscience, and of speech.
(1) Freedom of thought and conscience is guaranteed. Freedom of thought and conscience, and of speech.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-
a. the right of every citizen of freedom of speech and expression; and
b. freedom of the press, are guaranteed.”[5]
The 1st part of the right says that the freedom of thought and conscience is guaranteed. It means that people has the freedom to think anything they want and they can decide what is right or wrong by themselves and also they can make any speech about anything
The 2nd part restricts the right to some extent. It says that people can make any speech or they can express their feelings as long as the speech or expressions:
Ø Are not harmful for the country or the people of the country
Ø Maintain the friendly relation with the foreign countries
Ø Don’t break any public order
Ø Are decent and morally right
Ø Don’t contempt the court
It also says that the freedom of the press is guaranteed. In here the press is not only newspaper. It also includes the TV media as well. The journalists will have the right to publish any news as long as they don’t conflict with the restrictions.
As long as these restrictions are met, the citizens can comment about anything and they cannot be held responsible for those comments and they cannot be punished for these comments or expressions.
The government can only accuse someone for any comment which can be showed later during the process of punishment in the court. The government cannot held any one responsible for any comment that has no proof such as someone talking with other person about anything. They can only accuse someone if they have proof. For example, if someone comments anything that conflict with the restrictions in television talk show, the government can take action against that person because then there would be proof. But without proof no accusation can do harm to the speaker. Likewise, if any person writes anything in the newspaper or journal that conflicts with the rules of right to speech, the government can take action. Anyone can have their thought written as a diary or personal journal; the government cannot accuse or harm him. This is because his/her writing does not harm the country or any other citizen living in the country.
Conclusion
In any country, the constitution is made to maintain the fundamental rights of the people who are citizens of the country. In our country, the political parties are not so much aware of the fact. They change the constitution according to their benefit. They make laws that are beneficial for them or that are harmful for the opposition. They can suppress the right of speech according to their own benefit. They can stop whoever they want and whenever they want using their power as the ruling party. The two big parties of the country always fight with one another and the citizens have to pay for those fights. The constitution should be changed in such a way that it holds up the rights of the people high above any political parties. The rights cannot be properly enjoyed until the political parties start thinking about the general people of the country.
Bibliography
(Bangladesh Constitution, Retrieved October 14, 2011, from http://www.banglaembassy.com.bh/Constitution.html)
(No free speech in Bangladesh; John Draper, Retrieved October 15, 2011, fromhttp://www.cobourgatheist.com/index.php?option=com_content&view=article&id=178:no-free-speech-in-bangladesh&catid=200:muslim-culture&Itemid=136)
(Bangladesh’s media receive a big boost in freedom of speech; FHM Humayun Kabir,
Retrieved October 15, 2011, from http://inwent-iij-lab.org/Weblog/2011/02/04/bangladesh%E2%80%99s-media-receive-a-big-boost-in-freedom-of-speech/)
[1] Bangladesh Constitution; from http://www.banglaembassy.com.bh/Constitution.html
[2] Bangladesh Constitution; from http://www.banglaembassy.com.bh/Constitution.html
[3] No free speech in Bangladesh; source:http://www.cobourgatheist.com/index.php?option=com_content&view=article&id=178:no-free-speech-in-bangladesh&catid=200:muslim-culture&Itemid=136
[4] Bangladesh’s media receive a big boost in freedom of speech;
source: http://inwent-iij-lab.org/Weblog/2011/02/04/bangladesh%E2%80%99s-media-receive-a-big-boost-in-freedom-of-speech/
[5] Bangladesh Constitution; from http://www.banglaembassy.com.bh/Constitution.html