{"id":626,"date":"2021-08-15T09:20:00","date_gmt":"2021-08-15T09:20:00","guid":{"rendered":"https:\/\/ffinetbramha.wpengine.com\/?p=626"},"modified":"2022-10-18T08:23:54","modified_gmt":"2022-10-18T08:23:54","slug":"freedom-of-expression-conditions-apply-2","status":"publish","type":"post","link":"https:\/\/www.festivalsfromindia.com\/blog\/freedom-of-expression-conditions-apply-2\/","title":{"rendered":"Freedom of Expression (Conditions Apply)","gt_translate_keys":[{"key":"rendered","format":"text"}]},"content":{"rendered":"\n

This story covers the laws under the Indian Constitution that govern an artist\u2019s right to free speech and expression.<\/em>

Coming up with innovative ways to interpret the world, finding support, patronage, buyers, audiences, keeping up with technology and other advances: to be a practicing artist \u2014 and we include all kinds of arts here \u2014 makes many demands on those who heed its call. Here a comedian is accused of making \u2018indecent\u2019 remarks, there a play is stopped by \u2018offended\u2019 parties, somewhere an author finds a book being banned for \u2018inciting religious discord,\u2019 somewhere else an exhibition is cancelled because of the artist\u2019s political statements. It seems that very few days can pass without hearing of how artistic expression has irked or disappointed someone or hurt the sentiments of groups of individuals or communities, of complaints filed or legal proceedings, and yes, even of cases where members of the public take the law into their own hands.<\/p>\n\n\n\n

What, then, of an artist\u2019s right to free speech and expression? Don\u2019t all Indian citizens have that constitutionally guaranteed right?<\/p>\n\n\n

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For a start, Article 19(1)(a) of the Constitution gives all citizens the right to freedom of speech and expression subject to certain \u2018reasonable restrictions,\u2019 among them, the sovereignty and integrity of India, public order, decency or morality.<\/path><\/path><\/svg>\n<\/h3>\n
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Article 19, Constitution of India<\/h5> <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n \n\n\n

The fundamental principle involved here is not only for artists to express, publish and propagate one\u2019s view through any medium, but also for society at large to determine how such art is accepted, received or even critiqued. The latter may not always be in the artists\u2019 control, simply because how any form of artistic expression is received is subjective in nature.<\/p>\n\n\n\n

Given that time, money, careers and, sometimes, even lives, can be endangered by legal or extra-legal means, a responsible arts manager (or, indeed, any artist) would be well advised to take precautionary measures before making art available to the public.

These would vary on a case-to-case basis, but some that might be helpful are:<\/p>\n\n\n\n