Critical Analysis Of Freedom Of Speech And Expression With Reference To N.V. Sharma

Critical Analysis Of Freedom Of Speech And Expression With Reference To N.V. Sharma Vs Union Of India & Ors And Mohammed Zubair Vs State Of NCT Delhi & Ors

Rindha Meenakshi Mahankali, BA, LLB, Mahindra University, School of Law, Hyderabad

ABSTRACT

Article 19 (1)(a) of the Indian constitution i.e., right to freedom of speech and expression which is one of the fundamental right provided under Part-III of the constitution plays a very vital role in the present day society. As every right is not absolute in nature it’s the same stand for this as well but this right is very subjective in nature due to this character it is very important for us to understand the nuances of this right. In this research paper the author is going to understand the nuances of article 19(1)(a) with the help of the recent infamous cases of Nupur Sharma and Mohammed Zubair. In both these cases article 19(1)(a) plays a key role in deciding their rights and also if they are subject to any liability. Hate speech is the main aspect of both these cases. With the analysis of these cases the author is going to understand the extent to which a citizen can enjoy this right and as well as at which point it curtails his right and with the help of this analysis. The author is going to analyse if Nupur Sharma and Mohammed Zubair had violated their rights or were within their limits.