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, during the 50th Session of Human Rights Council (13 June – 8 July 2022) delivered by Ms. Jagpreet Kaur, Under Secretary, Ministry of External Affairs
(Geneva, 24 June 2022)
Mr. President,
My delegation thanks the Special Rapporteur for presentation of her report.
- We firmly believe that ‘freedom of opinion and expression’ is one of the basic foundations of any democratic society and polity. The Constitution of India guarantees the right to freedom of speech and expression as a fundamental right. The Government is fully committed to ensure enjoyment of all human rights by people of India.
- The Supreme Court of India, 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.
- Our vibrant and free media and active civil society organisations have been contributing proactively towards strengthening of our democratic institutions and promotion and protection of human rights. India attaches the highest importance to the safety and security of every citizen of the country, including journalists. We strongly condemn the instances of harassment, intimidation, smear campaigns and attacks against journalists.
Mr. President,
- We reject the references made by the SR in respect of India regarding ‘criminalization of journalism’, which are baseless and ill-informed. Laws in India recognise rights and freedoms but with reasonable restrictions. Provisions in the nature of arrest and detention under certain laws have been introduced to secure a balance between the liberty of citizens and security of the state. A robust system of checks and balances, overseen by our independent judiciary, is in place to ensure that there is no abuse or misuse of such laws. It is the responsibility of the Government to ensure that every citizen of India, including journalists, is treated equally before the law and no-one is considered above the law.
- India recognizes the importance of ensuring freedom of speech and expression and shall continue to make every possible effort to ensure enjoyment of basic human rights by all its citizens.
Thank you, Mr. President.