Challenges To The Right To Dissent In Contemporary Indian Society
Rahul Kumar Kaushik, LL.B. (Banaras Hindu University, Varanasi, U.P.) and LL.M. (University of Allahabad, U.P.)Currently working as a Legal Researcher at the Patna High Court.
“Nothing strengthens authority so much as silence.”
― Leonardo da Vinci
ABSTRACT
The right to dissent serves as an essential pillar of democratic governance. In India, this right gets constitutional protection under Article 19(1)(a) of the Constitution of India, 1950, which provides every citizen the right to freedom of speech and expression. Despite this constitutional safeguard, the effective exercise of dissent in contemporary India often faces numerous daunting challenges. This paper undertakes a comprehensive analysis of these challenges, with particular emphasis on the use of stringent laws such as the Unlawful Activities (Prevention) Act, 1967, the alleged misuse of central investigative agencies, such as the Enforcement Directorate and the Central Bureau of Investigation, against political opponents, journalists, and members of civil society, and the inefficiency of the judicial system to provide timely relief to undertrial dissenters. Taking into account landmark Supreme Court decisions, recent developments, and reports issued by national and international human rights organizations, this paper contends that the cumulative impact of these factors has created a chilling effect on free speech and democratic dissent in India.
Keywords: Right to Dissent, Article 19(1)(a), Freedom of Speech and Expression, UAPA, Sedition, Enforcement Directorate, Undertrial Imprisonment, Chilling Effect, Democracy, India.
