The Paradox of Free Speech: Legal Responses to the Abuse of Expression in India
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- Author: Dr. Aruno Raj Singh , Adv. Shilpi Singh
- ISBN: 9788119122844
- Availability: 5
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About the Book
The Paradox of Free Speech: Legal Responses to the Abuse of Expression in India offers a timely and critical examination of one of the most complex issues in constitutional democracies. This is anchored in the framework of Constitution of India, particularly Article 19(1)(a) and the reasonable restrictions under Article 19(2). This book explores the inherent tension between liberty and limitation in the Indian constitutional scheme. In an era shaped by digital media, political polarization, identity-based mobilization, and the rapid circulation of information, the boundaries of free speech are continuously tested. The book interrogates the evolving jurisprudence of the Supreme Court of India and various High Courts in reconciling competing constitutional values. It analyzes key doctrines such as proportionality, reasonable restriction, constitutional morality, and the chilling effect, placing them within broader democratic theory.
The work critically engages with issues including hate speech, sedition, defamation (civil and criminal), obscenity, contempt of court, misinformation, and digital regulation. It evaluates colonial legacies embedded in speech-restrictive laws, legislative developments in cyberspace governance, and the tension between state regulation and individual autonomy. The book also situates Indian free speech jurisprudence within comparative constitutional discourse, drawing insights from global democratic experiences while emphasizing India’s unique socio-political context.
Designed for scholars, judges, practitioners, policymakers, researchers, and students of constitutional law, media law, and human rights, this book provides both analytical depth and practical relevance. It seeks to contribute to ongoing debates on democratic resilience, digital governance, and the future of expressive freedom in India. At its core, The Paradox of Free Speech is a rigorous yet accessible exploration of how India can safeguard robust democratic discourse while responding effectively to the abuse of expression in a plural and constitutional society.
