Introduction:

Freedom of speech is regarded as first condition of Liberty. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. National Legislation: The Constitution of ndia which was adopted on !"th #anuary, $%&% as per 'reamble has inscribed certain rights in 'art of the constitution from (rticle $! to )* and within that limits (rticle $% guarantees +ight to Freedom of Speech which provides certain rights to citi,ens only. Several rights are enumerated in clause -$. within that sub clause -a. guarantees +ight to freedom of speech and expression available only for citi,ens. These rights are sub/ect to certain restrictions which are given under article $%-!. of the constitution$. General View: n country li0e ndia where individuals have different religious believes and different ideologies, guaranteeing right to offend sentiments of a group of people may result in altercations or clashes between individuals in society. f represented as fundamental right then our /udiciary has to distinguish between self1regarding actions and other regarding actions. This statement is aegis by the Harm principle by J.S Mill2 2You should be free to do what you want as long as it doesnt harm someone else This means our legislature should not give way to this right and it should be restricted if made fundamental. Judicial View: (s per our constitution (rticle $%-!. includes two important reasonable restrictions i.e. 2'ublic 3rder4 and 25ecency and 6orality4 these words if understood by dictionary meaning it clearly aegis that +ight to offend should not be a part of freedom of speech and expression as offending ones sentiments which may also effect sentiments of a group of people is against the restriction. This statement shall be supported by following cases7
al !"ac#eray Vs.7 $rab"a#ar %as"inat" %unte and &rs':

The lac0 of restraint in the language used and the derogatory terms used therein to refer to a group of people in an election speech is indeed to be condemned. The li0ely impact of such language used by a political leader is greater. t is, therefore, a greater need for the leaders to be more circumspect and careful in the 0ind of language they use in the election campaign. n this 8al Thac0eray was guilty for the statements made by

him were against the public order, which is a part of Social 3rder was said by the court. %. ( (bbas V )nion o* India+ : This is a case where for the first time pre1censorship was challenged in supreme court sub/ect to (rticle $%-$. -a. and $%-!. of Constitution 3f ndia, $%&% here the court gave certain guidelines on the grounds of 25ecency and morality4 for testing a Film which is one of the mode for Speech and 9xpression and disagreed to the fact that pre1censorship should be abolished. 3ne of the guidelines which support my point is point fifth
The interests of contemporary society and particularly the influence of the book etc., on it must not be overlooked.

This means any speech which impacts a particular society should not be overloo0ed but its reasonableness should be tested. In ,e: Venugopal (nd &rs. -s. )n#nown.: n this case constitutionality of 6adras 'olice (ct was challenged on the grounds of (rticle $&, $%-$. -a. and $%-!. and the court held in point $$ 'ara ", 5ecency and 6orality is something which is accepted by world at least throughout the length and breadth of ndia and 'ara ! tal0 about offences related 5ecency and 6orality under Section !%! to !%& of ndian 'enal code:. Therefore the act was declared unconstitutional as publishing any thin0ing related to wagering that involves tips; news of horse race is considered indecent and immoral. /onclusion: (s per the above discussion right to offend the sentiments of certain sections of society should not be a part implicitly or explicitly of Freedom Speech and 9xpression as it may disturb the public order of society or may impact the society morally.
Footnotes7 $. (rticle $%-!. in the Constitution of ndia $%&% -!. <othing in sub clause -a. of clause -$. shall affect the operation of any existing law, or prevent the State from ma0ing any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of ndia, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence !. The =arm 'rinciple is in a boo0 name 23n Liberty4 author #ohn Stuart 6ill ). ( +$%%"SC$$$) &. AIR 481, 1971 SCR (2) 446
5. ( + $%*& 6ad %>$ ". Chap. ? @, ndian 'enal Code