Time to do away with Jawaharlal Nehru's first amendment to the Indian Constitution
Imprinted in the minds of Indians are Jawaharlal Nehru's words delivered at the stroke of midnight on that most important day: when the soul of a na tion, long suppressed, finds utterance. Everyone longed for their beloved India to sprout wings and fly . I find myself wondering today , what is the point of it all, if the wings are used to fly in the wrong direction? Towards a direction that is not in tune with our innate culture? We made one such unfortunate turn early in our independent history .
Freedom-loving liberals among us must remember and hang our heads in shame at the regrettable turn we took on May 10, 1951. That was the day Jawaharlal Nehru piloted the First Amendment to the Indian Constitution (which was passed into law within a few weeks). Among other restrictions on our fundamental rights, this also restricted freedom of expression.
Many feel that this was in response to the Supreme Court judgment in 1950 on the `Romesh Thappar vs The State of Madras' case, through which the ban on Thappar's magazine (a Marxist journal called Crossroads) was lifted. Many lawyers opine that in effect, the Supreme Court had recognized unfettered freedom of expression as compliant with our original Constitution; just like it was in the US and far better than in Europe at the time. Legal luminaries also hold that since unfettered freedom of expression would have been recognized as a fundamental right, the illiberal IPC Section 295(a), a gift bequeathed by the British Raj, through which many books have been banned, would be overridden.
Why did the Nehru government pass the first amendment? Critics of Nehru will hold this as proof that he was not a classical liberal (defined as one who defends political and economic freedoms for all). Supporters of Nehru will say that he had to ensure unity of purpose in the first few years of independent India to stabilize our country; and some freedoms were a small price to pay for this. I'll let historians pass judgment on this issue.
I merely offer my take on the events that transpired; an observation that is based on my strong belief in freedom of expression. And this is not just as a liberal, but also as an inheritor of a culture that has a proud, millennia-long tradition of ideational freedom.
Freedom of expression is, frankly , the most Indian of values; one that was staunchly defended by Lord Brahma himself in the Natya Shastra. In ancient India one was free to create and encourage various versions of the holiest of epics like the Ramayan and Mahabharat; and all versions, some even unorthodox, were celebrated.In fact, one could even be an atheist in ancient India, as the Charvaks were (probably from the seventh century BC), and nobody would commit violence against them for being `ungodly'. One could practise out-of-the-ordinary rituals, as the Aghoras did (like ritual sex), and unlike in modern India, nobody would ban their practices as long as they didn't hurt another. Everyone had a right to find their own truth, in keeping with the spirit of the Rig Vedic maxim: Ekam Sat Vipraha Bahuda Vadanti. Truth is one, but the wise men speak it as many .
I would ask for only two restrictions to be placed on freedom of expression. On someone who exercises freedom of expression to suppress the freedom of expression of another; that is unacceptable. And on anyone who uses freedom of expression to directly call for violence. In every other case, absolute and unfettered freedom of expression should be practised.Every banned book should be unbanned. Every argument, no matter how troubling it may be, should be allowed expression. Sigmund Freud had said that the first human who hurled an insult instead of a stone was the founder of civilization.
All of us who count ourselves as liberals and are proud Indians must ask for the First Amendment to be repealed.Moreover, we must not practise the kind of hypocritical freedom of expression that the westerners practise, where views not in alignment with the prevailing orthodoxy are suppressed; not through violence, but by ensuring that one is prevented from visiting various public forums or one's works are not published (for example, the gagging of Ayaan Hirsi Ali). I must state that I disagree with many things Ms Ali says; but we must defend the right to speak even of those whose views are deeply troubling, provided that there is no direct call for violence.
Stopping the free flow of ideas is against India's innate culture. We are not in any sense being "westernized" if we ask for unfettered freedom of expression. In fact, we are being very Indian. Furthermore, as our ancestors realized thousands of years ago, freedom of expression is the foundation of a liberal and decent society .
As the Rig Veda says: `In speech is enshrined blessed glory , is enshrined Mother Lakshmi herself.'
The rest is here:
Time to do away with Jawaharlal Nehru's first amendment to the Indian Constitution
- Cruz says First Amendment absolutely protects hate speech in wake of Charlie Kirk killing - Politico - September 17th, 2025 [September 17th, 2025]
- Does the First Amendment protect you at work? Charlie Kirk critics are learning the answer - The Hill - September 17th, 2025 [September 17th, 2025]
- Pam Bondi Is Clueless About the First Amendment - New York Magazine - September 17th, 2025 [September 17th, 2025]
- The rights free speech defenders declare war on First Amendment over Charlie Kirk murder reactions - The Independent - September 17th, 2025 [September 17th, 2025]
- Federal judge overturns part of Floridas book ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - The... - September 17th, 2025 [September 17th, 2025]
- How online reactions to Charlie Kirk's killing test limits of First Amendment - USA Today - September 17th, 2025 [September 17th, 2025]
- From TikTok to the First Amendment: Exploring journalism and democracy in a USC Annenberg course open to all majors - USC Annenberg - September 17th, 2025 [September 17th, 2025]
- Charlie Kirk comments got them fired: Do they have First Amendment protection? - NewsNation - September 17th, 2025 [September 17th, 2025]
- Law professor on First Amendment and social media in the wake of Charlie Kirk assassination - WCTV - September 17th, 2025 [September 17th, 2025]
- Hiding Behind Kirk, Team Trump Launches 'Biggest Assault on the First Amendment' in Modern US History - Common Dreams - September 17th, 2025 [September 17th, 2025]
- Donald Trump vs the First Amendment - The Spectator World - September 17th, 2025 [September 17th, 2025]
- New Yorks Ban on Addictive Social Media Feeds for Kids Takes Shape With Proposed Rules - First Amendment Watch - September 17th, 2025 [September 17th, 2025]
- Republicans are honoring Charlie Kirks memory by declaring war on the First Amendment - The Verge - September 17th, 2025 [September 17th, 2025]
- Charlie Kirk comments got them fired: Do they have First Amendment protection? - MSN - September 17th, 2025 [September 17th, 2025]
- South Bend responds to teacher comments about Charlie Kirk's death, cites First Amendment - South Bend Tribune - September 15th, 2025 [September 15th, 2025]
- What are the limits of free speech? Online controversies spark First Amendment debate - WKRC - September 13th, 2025 [September 13th, 2025]
- Are teachers' social media posts on Charlie Kirk protected by the First Amendment? - CBS News - September 13th, 2025 [September 13th, 2025]
- Federal Court Blocks Trump Administrations Freeze of Grants to Harvard University: Implications for First Amendment and Title VI Enforcement -... - September 13th, 2025 [September 13th, 2025]
- Dunleavy: A tribute to Charlie Kirk and the First Amendment - Juneau Empire - September 13th, 2025 [September 13th, 2025]
- This Just In: The Very First Amendment - Chapelboro.com - September 13th, 2025 [September 13th, 2025]
- FWC is limiting social media comments, raising First Amendment concerns - Creative Loafing Tampa - September 13th, 2025 [September 13th, 2025]
- On the First Amendment and the Fourth Estate - Boca Beacon - September 13th, 2025 [September 13th, 2025]
- WATCH: The first amendment vs. fascism - The.Ink | Anand Giridharadas - September 11th, 2025 [September 11th, 2025]
- Opinion | Vivek Ramaswamy: An Ohio County vs. the First Amendment - The Wall Street Journal - September 11th, 2025 [September 11th, 2025]
- Former Backpage CEO Gets Three Years of Probation After Testifying at Trial About Sites Sex Ads - First Amendment Watch - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk Died Protecting the First Amendment Says Grant County GOP Chair - Source ONE News - September 11th, 2025 [September 11th, 2025]
- This school year, attacks on the First Amendment extend to our schoolhouse doors | Opinion - Bergen Record - September 9th, 2025 [September 9th, 2025]
- A Decades-Long Peace Vigil Outside the White House Is Dismantled After Trumps Order - First Amendment Watch - September 9th, 2025 [September 9th, 2025]
- Woman sues Madison County attorney, former Madison city clerk over alleged violation of First Amendment rights - norfolkneradio.com - September 9th, 2025 [September 9th, 2025]
- Talkative Defendant Is Told He Misunderstands First Amendment By Harvey Weinstein Judge - Inner City Press - September 9th, 2025 [September 9th, 2025]
- 'South Park' keeps tying Trump to Satan. What to know about satire and the First Amendment - USA Today - September 6th, 2025 [September 6th, 2025]
- Man told to take down Trump flag says it's a First Amendment issue. Mayor says it has to be on a flag pole - News 12 - Westchester - September 6th, 2025 [September 6th, 2025]
- First Amendment Rights and Protesting in Tennessee - Nashville Banner - September 6th, 2025 [September 6th, 2025]
- Northwestern University President Says He Will Resign Following Tenure Marked by White House Tension - First Amendment Watch - September 6th, 2025 [September 6th, 2025]
- Surprise resident's First Amendment fight against city far from over one year later - yourvalley.net - September 6th, 2025 [September 6th, 2025]
- Letter: Trump crushes the First Amendment - InForum - September 5th, 2025 [September 5th, 2025]
- From Kozminski to Cherwitz: The TVPA's Transformation from Anti-Trafficking Tool to First Amendment Weapon - The National Law Review - September 5th, 2025 [September 5th, 2025]
- Graham Linehans arrest shows we need a UK First Amendment - Spiked - September 5th, 2025 [September 5th, 2025]
- First Amendment battles loom over another religious law in Texas - yahoo.com - September 5th, 2025 [September 5th, 2025]
- Trump Administration Agrees To Restore Health Websites and Data - First Amendment Watch - September 5th, 2025 [September 5th, 2025]
- MFIA Clinic Urges FTC to Withdraw Proposed Consent Order on First Amendment Grounds - Yale Law School - September 5th, 2025 [September 5th, 2025]
- Judge Reverses Trump Administrations Cuts of Billions of Dollars to Harvard University - First Amendment Watch - September 5th, 2025 [September 5th, 2025]
- Harvard Wins Legal Battle over Research Funding, Citing First Amendment Rights - Davis Vanguard - September 5th, 2025 [September 5th, 2025]
- We have the First Amendment and we have to protect it: GOP lawmaker - Fox Business - September 5th, 2025 [September 5th, 2025]
- Jay Bhattacharya: the First Amendment is unenforceable - UnHerd - September 5th, 2025 [September 5th, 2025]
- Judge rules Trump administration violated First Amendment in Harvard funding dispute - Washington Times - September 5th, 2025 [September 5th, 2025]
- LAWSUIT: Texas bans the First Amendment at public universities after dark - FIRE | Foundation for Individual Rights and Expression - September 3rd, 2025 [September 3rd, 2025]
- Organization Defends UTCs First Amendment Rights As Greek Life Paused In Hazing Probe - Black Enterprise - September 1st, 2025 [September 1st, 2025]
- Thank Goodness For The First Amendment: SALT In Review - Law360 - August 29th, 2025 [August 29th, 2025]
- Meet the First Amendment reporters protecting your freedoms | Opinion - The Tennessean - August 29th, 2025 [August 29th, 2025]
- Florida Cities Race To Save Rainbow Crosswalks as the States Deadlines for Removal Loom - First Amendment Watch - August 29th, 2025 [August 29th, 2025]
- The First Amendment Does Not Protect Media Matters From Breaking The Law - News Radio 1200 WOAI - August 29th, 2025 [August 29th, 2025]
- A Burning First Amendment Issue: President Trumps Executive Order On Flag Desecration - Hoover Institution - August 27th, 2025 [August 27th, 2025]
- Trumps war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps - the-independent.com - August 27th, 2025 [August 27th, 2025]
- Opening convocation: Signing the Honor scroll and learning first amendment rights - The Cavalier Daily - August 27th, 2025 [August 27th, 2025]
- Trumps Order on Flag Burning Could Return the Question to the Supreme Court - First Amendment Watch - August 27th, 2025 [August 27th, 2025]
- Few can name the freedoms the First Amendment protects. We must change that | Opinion - azcentral.com and The Arizona Republic - August 27th, 2025 [August 27th, 2025]
- First Amendment violations? Maine town reviews ordinance barring homeschoolers from school board - Read Lion - August 27th, 2025 [August 27th, 2025]
- Editorial: The point of the First Amendment - The Christian Chronicle - August 27th, 2025 [August 27th, 2025]
- Trump flag burning executive order could flip First Amendment on its head with new court - Fox News - August 26th, 2025 [August 26th, 2025]
- Trumps war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps - The Independent - August 26th, 2025 [August 26th, 2025]
- Trump says flag burning is a crime, First Amendment be damned - Daily Kos - August 26th, 2025 [August 26th, 2025]
- Trumps war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps - Yahoo News Canada - August 26th, 2025 [August 26th, 2025]
- Trump Bans Flag Burning in Direct Threat to First Amendment - The New Republic - August 26th, 2025 [August 26th, 2025]
- 'Vindicating the First Amendment': Law professors win injunction against Trump admin over proposed sanctions for their work with International... - August 24th, 2025 [August 24th, 2025]
- Notice of Public Hearing: Warhorse Ranch Development Agreement First Amendment Request - City of Draper (.gov) - August 24th, 2025 [August 24th, 2025]
- Can my child's teacher hang a pride flag in the classroom? The First Amendment and schools - IndyStar - August 22nd, 2025 [August 22nd, 2025]
- A Matter of Fact: Origin of the First Amendment - KUSA.com - August 22nd, 2025 [August 22nd, 2025]
- Police Blotter: Chores stink, that First Amendment right - thepostathens.com - August 22nd, 2025 [August 22nd, 2025]
- UK professor reassigned over views shared on website claims his First Amendment rights have been violated - WKYT - August 20th, 2025 [August 20th, 2025]
- A federal court took 2 years to figure out that gay people have First Amendment rights - vox.com - August 20th, 2025 [August 20th, 2025]
- MFIA Clinic Presses Court to Affirm First Amendment Protection for Filming in Public - Yale Law School - August 20th, 2025 [August 20th, 2025]
- Judge blocks mandatory Ten Commandments display in schools, citing First Amendment - KEYE - August 20th, 2025 [August 20th, 2025]
- Texas judge blocks Ten Commandments schools bill on First Amendment grounds - Amarillo Globe-News - August 20th, 2025 [August 20th, 2025]
- Franklin, Tennessee, Is Violating the First Amendment Over Yard Signs and Flags - FIRE | Foundation for Individual Rights and Expression - August 20th, 2025 [August 20th, 2025]
- Immigrants Seeking Lawful Work and Citizenship Are Now Subject to Anti-Americanism Screening - First Amendment Watch - August 20th, 2025 [August 20th, 2025]
- FIRE Attorney Zach Silver on the First Amendment Right to Record Police in Pennsylvania - First Amendment Watch - August 20th, 2025 [August 20th, 2025]
- Hulk Hogans Lasting Effect on Publishing and Privacy Isnt What You Think - First Amendment Watch - August 20th, 2025 [August 20th, 2025]
- 9/11 and the First Amendment: Five years on - Free Speech Center - August 18th, 2025 [August 18th, 2025]
- Video Lesson: Introduction to the First Amendment - FIRE | Foundation for Individual Rights and Expression - August 18th, 2025 [August 18th, 2025]