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The Constituent Assembly of India debated on freedom of speech and expression (Article 19(1) of the Draft Constitution,1948) on 1 December 1948, 2 December 1948 and 17 October 1949. The draft article read: 'Subject to the other provisions of this article, all citizens shall have the right – (a) to freedom of speech and expression; …
The Society for Un-aided Private Schools, Rajasthan (in Writ Petition (Civil) No. 95 of 2010) and 31 others pro-private school groups [32] petitioned the Supreme Court of India claiming that the act violates the constitutional right of private managements to run their institutions without governmental interference. [33]
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Freedom of speech and expression has a long history that predates modern international human rights instruments. [4] It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. [5] Freedom of speech was vindicated by Erasmus and Milton. [4]
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India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression. Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication ... appears to the State ...
[46] [47] In 2014 India was down ranked to 140th worldwide (score of 40.34 out of 105) but despite this remains one of the best scores in the region. [48] The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech and expression" (Article 19(1) a).
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