Reshmi Dutta, School of Law, Christ University, Bengaluru, Karnataka
ABSTRACT
The right to freedom of speech and expression and the right to life under article 21 are fundamental rights guaranteed under Article 19 (1) (a) of the constitution of India. Our constitution seeks to safeguard these fundamental rights of every citizen by virtue of article 32. These rights cannot be subjected to suspension except in case of emergencies. Article 32 entitles every citizen to legal remedies in the form of writs, allowing them to freely approach the apex court in cases when their fundamental rights have been violated.
Journalists all over India, are facing extreme objections while exercising their right to freedom of speech and expression. These situations have been prevalent even before our country was hit by the novel coronavirus. Taking instances of the recent Kashmir’s Internet Shutdown case and those of the Delhi riots, we can clearly point out that many small and independent journalists are finding it quite challenging to proceed in their professional sphere as a consequence of them being subjected to wrongful allegations, unwanted restrictions and illegal detentions.
Keywords: Article 32, freedom, fundamental rights, detention