Explained |
Polity |
Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Why in the News?
A minor girl’s gang rape in Assam led to Chief Minister Sarma’s anti-Muslim remarks, criticized as hate speech, violating India’s secular Constitution and potentially harming societal harmony, breaching Mill’s Harm Principle.
What does the Harm Principle Say?
The harm principle, articulated by philosopher John Stuart Mill in his essay on ‘Liberty’, asserts that the actions of individuals should only be limited to prevent harm to others.
- Legitimate Use of Power: The only justification for exercising power over any member of a civilized community, against their will, is to prevent harm to others. This means that individual liberties should be respected unless they infringe upon the rights or well-being of others.
- Self-Regarding vs. Other-Regarding Actions: Mill distinguishes between self-regarding actions (which affect only the individual) and other-regarding actions (which affect others).
- Society or the state has no right to interfere in self-regarding actions, but it can regulate other-regarding actions that cause harm.
- Definition of Harm: Harm is defined as wrongful setbacks to interests to which individuals have rights. Mill emphasizes that mere offence or disapproval does not constitute harm.
- For example, someone may be offended by another’s opinion, but this does not justify restricting that opinion unless it incites violence or causes direct harm.
- Limitations of Freedom: Mill acknowledges that while individuals should have the freedom to act as they choose, this freedom can be curtailed when their actions pose a significant threat to others. For instance, inciting violence is harmful and justifies state intervention.
What does Mill say about ‘Freedom of Speech and Expression’?
- Importance of Free Speech: Mill talks about the idea that all opinions, whether true or false, should be allowed to flourish because they contribute to the pursuit of truth.
- Silencing any opinion robs humanity of the opportunity to challenge and refine its beliefs.
- Truth and Error: Mill argues that the collision of differing opinions helps people correct their errors and strengthen their understanding of the truth. Even false beliefs are valuable as they force us to defend and reinforce our beliefs.
- Limitations: While Mill strongly advocates for free speech, he acknowledges that it can be limited in cases where speech directly incites harm, such as inciting violence against a specific group. He provides the example of expressing harmful opinions to an agitated crowd, which could lead to immediate danger.
- Balancing Freedom and Harm: Mill recognizes that while free speech is vital, it must be balanced against the potential harm it might cause, especially when it leads to violence or significant psychological harm to targeted groups.
Way forward:
- Strengthen Legal Frameworks: Enhance laws against hate speech to ensure accountability, balancing the right to free expression with the need to protect societal harmony and prevent violence.
- Promote Inter-Community Dialogue: Encourage programs fostering tolerance and understanding between communities, reinforcing the secular principles of the Constitution and mitigating divisive rhetoric.
Mains PYQ:
Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)
