Statement by India under Agenda Item 3: Interactive Dialogue with Special Rapporteur on Promotion and Protection of the Right to Freedom of Opinion and Expression at the 47th Session of the Human Rights Council, delivered by Mr. Pawankumar Badhe, First Secretary, Permanent Mission of India [ 01 July, 2021, Geneva]

Madam President,

My delegation thanks the Special Rapporteur for the presentation of the report.

2. The Constitution of India guarantees the right to freedom of speech and expression as a fundamental right. The Supreme Court, through its various judgments, has significantly widened the scope of freedom of speech & expression to include the right to freedom of press, right to information, right to broadcast, right to privacy and even right to remain silent. These rights are fundamental in nature and cannot be denied or restricted, except as per the provisions in the Constitution and the law. India has the world’s second largest number of persons connected to internet or phones. The Supreme Court, in a judgement held that the freedom to access the internet is a fundamental right under the Freedom of Speech and Opinion of Indian Constitution. 

3. Our vibrant and free media and active civil society organisations have been contributing proactively towards strengthening of the pillars of our democracy. Through our independent judiciary and independent mechanisms such as the National Human Rights Commission, we make every endeavor to enable our citizens to enjoy their fundamental rights in fulfillment of our human rights obligations.

4. India firmly believes that the ‘freedom of opinion and expression’ is one of the basic foundations of any democratic polity and society and India shall continue to make every possible effort to ensure enjoyment of basic human rights by all its citizens.

Thank you, Madam President.