Why in news
A minor girl was gang-raped in the Dhing area of Nagaon district, Assam, allegedly by three Muslim men.
The incident sparked widespread anger, with tensions rising against the Muslim community.
Assam's Chief Minister, Himanta Biswa Sarma, made controversial remarks, stating that he would not allow "Miya Muslims" to "take over all of Assam." The term "Miya Muslim" is a derogatory phrase used against the minority Bengali Muslim community.
Free Speech vs. Hate Speech:
Some may argue that Mr. Sarma is exercising his right to free speech, a fundamental right protected by the Constitution.
The Constitution permits certain "reasonable restrictions" on free speech, especially when it crosses into hate speech.
Indian law criminalizes hate speech, although the term is not explicitly defined within the legal framework.
The Harm Principle:
To understand the limits of free speech, it's useful to revisit John Stuart Mill’s "harm principle" from his work On Liberty.
Mill, a 19th-century philosopher, is a foundational figure in libertarian thought.
He argued that true societal happiness (utilitarianism) comes from allowing people to freely exercise their choices with minimal state intervention.
Mill believed the state should only intervene when an individual's actions cause harm to others.
For example, carrying a cane is harmless, but hitting someone with it is an act of harm and justifies state action.
Mill’s Views on Freedom of Speech and Expression:
Mill argued that liberties, including free speech, can only be restricted when they cause harm.
However, defining harm is complex.
While physical harm is more straightforward, modern debates often consider psychological harm, such as that caused by disinformation or hate speech.
Mill believed in the importance of allowing all opinions to be expressed, as even false opinions challenge our views and strengthen our understanding of truth.
Mill acknowledged that free speech could be limited in certain situations.
For example, expressing opinions that incite violence or harm, like inciting an angry mob against a specific group, justifies restriction.
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