Does Freedom of Speech and Expression include Right to remain silent under Article 19(1)(a)?
The recent development related to the freedom of speech and expression state that a person can express his views and the state can impose reasonable restriction on them in accordance with the Article 19(2). This reasonable restriction through judicial activism has been extended to causing noise pollution outside of bearable limits. But till date we do not have a certain answer to the question that “ Whether Freedom of Speech and Expression also include right to remain Silent.” The courts have debated time and again that freedom of speech also includes the right to remain silent. But the question which needs to be answered is that whether a person exercising his right would interfere with the right of others? As per the courts the answer to the above question is that while enjoying his rights enshrined under Article 19(1)(a) a person must cause minimum inconvenience to others. A persons enjoyment of freedom of speech cannot be a reason to interfere with the fundamental rights and