Freedom of Expression

This is from The Constitution of India:

Article 19(2) permits the state to intrude upon the right to free speech when such intrusion is “reasonable” and is in the interest of any of the following: the sovereignty and integrity of India, 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.

Who defines what is "reasonable"? Public order, decency or morality? All these are such vague terms which can be interpreted conveniently and contextually.

And this is from the Constitution of USA

Amendment 1 - Freedom of Religion, Press, Expression.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I am no legal expert, but I think the difference is stark and begging to be noticed. While, the Indian constitution gives state the legitimacy for "reasonable" intrusion, the American constitution is clear and unambiguous in its stance. The state cannot intrude and any intrusion can be challenged under First Amendment. So while in India, the onus would be on the individual to prove the "unreasonableness" of the intrusion, in USA the state has to justify the intrusion.

And that is where the difference in freedom of expression starts! May be, its time to pass an amendment to our constitution!

Coorg - In rains

Blot on my ForeFinger!

It is time to celebrate our democracy. The great Indian jamboree is here. We are complicated and an enigma to any political commentator from the west. We are living examples of plurality and diversity. Every 300 kms the language/ dialect spoken changes. We are possibly a nation of many countries. And yet India works.

I am not going to get into this patting-ourselves-on-our-backs phenomenon. There are enough people who do this on a regular basis. But we also need to recognise the reality - which is that India somewhat works. And it is up to us now to contribute to improving the situation.

It really is time to stand up and be counted. It is election time!! 731 million people are eligible to vote in India this year, compared to 131 million in the Obama 2008 elections, and yet let us be assured that each and every vote counts. It counts not because it will make a difference individually, but it counts because collectively we send out a clear message - that apathy and nonchalance towards the political process has officially come to an end. A message that while we as a country are far from being perfect, we will work to make this a better country, because we care.

We care enough to stand in queue one more day to cast our vote. Because, by choosing to vote, we make our voices heard on the issues that we are willing to espouse and those we want to discard. By choosing to vote, we are taking ownership of our collective future, a future that isn't incumbent upon us by default, but one that we choose to create.

Let us make plans for long queue vs. long weekend this election day. Join me and become an idealist, a hopeless romantic and ‘ We Can’ evangelist instead of the usual cynic. May be, just may be we can make a difference.