No free man shall be taken or imprisoned or deprived (i.e. deprive of land) or outlawed or in any way destroyed, nor will we go upon him or put upon him, except by the lawful judgment of his peers or the laws or the land. (Magna Carta year. 1215).
History is fraught with the fight against
oppression and tyranny. The coup de tat's and revolutions which took place for all these years, gradually emancipated man from the iron clads of totalitarian and monarchical rule.
All these years have overturned the history. These were times when man was bound in the chains of oppression primarily from religions strong hold and secondly from the ruler and the lords. A common man was a miserable man. He had n say in any matter. Even there were times in Tudor period when kings used to prescribe the time for getting up in the morning and sleeping at night. Human beings were voiceless in the affairs of the state.
Then there came time when man started for fight for his rights. Revolutions, no taxation without representation, bloody rebellions and wars, all were fought for the purpose of attaining freedom for the
common man. The time from mid eighteenth century till early twentieth century is rumpus with these events. Gradually, man realized that.
"All men are created equal and that they ate endowed by their creator, the lord, certain inalienable rights, among them are life, liberty and the pursuit of happiness".
Thus emphasis was shifted from collective exercise of right, from monarch, to individual exercise of right.
Then came the third phase, where it was recognized that an individual has certain inalienable rights. But these rights began to appear in the shapes of
different ideologies. Fascism, Nazim, Capitalism, and Communism. These "isms" began to appear in order to reflect that the way they provide as a matter of fact is better.
And lastly, now man has arrived at a place where he is exceeding his right of freedom and is gradually encroaching on the right of his fellowmen. The history has traveled. The historical cycle has faced all ebbs and flows yet the question is, do we stand at the correct place or not?
Meaning of the "Freedom" of speech:
By freedom of speech we understand the right of a person to say or speak whatever he wishes to say or speak, provided it does not amount to slander or libel or obscenity.
A false statement, in addition, does not amount to freedom of speech. Only true remark falling within the sphere of one's right and not encroaching on the rights of other people, amounts to the freedom of speech.
Freedom of speech is also interwoven with the freedom of press. Since
freedom of press amounts to the same only in the written form. Though the communication of press is relatively to the larger people. Voltaire (1694-1778) is considered to be the propounder of the theory of the freedom of speech.
It were these ideas which led to the famous French revolutions against the monarchial setup of France.
According to Boltaire, man has an inherent right to speak. No matter the other person likes it or not.
How Voltaire Gathered This Idea:
Voltaire was exiled from France. Instead of going to another European country, he decided to cross the English channel and reached England. At his arrival he was merely a poet. There he was enchanted by the English ideas like the writ of "Habeas Corpus" where by no person can be committed to prison without the due process of law. Thus these ideas enhanced Voltaire perception about the freedom of man and his speech. He also came to know that the members of the parliament were regularly summoned by the King and that time in the house they could speak their heart out and the opposition could criticize the people in power. Thus Voltaire entered England as a poet and left when he was a sage man.
The Revolting People:
The idea of the freedom of speech gradually took shape. These ideas were read by Americans, who transformed them into their Article of confederation. When King tried to suppress them by the will of his arbitrary powers. The colonist raise their voice that without their due consent, no rule could be made that there voice was necessary for the discipline in the society and that all men were created equal. Similar were the circumstance which took the shape of French revolution.
Thus people started fighting for their rights. i.e. Freedom of speech they asserted that their voice was necessary for the prosperity of their country.
Religious concept of the freedom of speech:
"Man is the creations of God. He had given him birth to be independent".
Man is an independent being with equal rights. This is what all religions have preached since antiquity. But this is what they've practiced at least. Religion has been the most potent force in guiding mankind towards better future and salvation.
Yet till the advent of 19th century, religions has played vital role in the politics of the country, rules and regulations laid down by the priestly blessings were unchallenged in the eyes of law. The church had every right ot declare any person as heretic and non-believer.
Though all
religions provide freedom of speech to man but man made additions in the Holy books (except Quran), led to a horrible concept of God and religion.
Islam:
Islam attaches fundamental importance to the freedom of speech, Hazrat Muhammed (P.B.U.H) used to listen each and every word very patiently even if certain person used to abuse him. To Him freedom of speech is one of the elementary elements, which should rest with every individual.
But after the death of Hazrat Muhammad (PBUH) and His four Caliphs, things drastically began to change. there began to appear a narrow interpretations of the laws.
In the mid nineteenth, century freedom of speech was denied to the subjects of the "Ottoman Caliphate," the ultimate result of which was revolutions and coup d' estate and hence the disintegration of the calighate.
Religion in Pakistan and the freedom of speech:
Though a religiously moderate country, Pakistan is also going through the orthodoxy of Islam. Ahmadi's are classified as non-muslims, reason being that they do no believe in finality of the Holy Prophet, similarly many other laws have been enacted which impose restrictions on the freedom of people and in certain cases non-observance of these laws are being punished severely. Fundamental cannons of Islamic Jurisprudence have been put behind and teachings fo the Holy Prophet are not being given due regard. In most of the cases, might is right, and power is considered to be everything. Freedom of speech and expression has been expressly denied to some extent in Pakistan.
Even article 19 of the constitution of Pakistan, grants freedom of speech and expression. But religious fundamentalism has led to establish certain rules and regulations which are in complete defiance to the constitution and as well as the concept of the freedom of speech and expression.
Similar was the case with the Freedom of press (which is also attributed to the freedom of speech) Press and Publication ordinance 1963, are classified as "blackest of blacklaws".
21st Century and the Freedom of speech and expression:
The present day freedom of speech and expression is divided into three worlds.
1st world having full freedom of expression. (By 1st world we mean, developed countries of the Europe and North America).
2nd world, (the erstwhile communist block) where freedom fo speech and expression is expressly denied.
3rd world, (all under developed countries) where freedom of speech and expression is not denied but neither it is given in the fullest possible sense.
In western democratic traditions, however, four principles are generally involved;-
1. Need for individual fulfillment tied directly to
individualism and respect for person hood.
2. The search for truth, traceable to Jahn Milton Claims that truth will conquer falsehood, is a free and open enconter.
3. Self-government which links freedom of expression to democracy.
4. Freedom of expression is safety valve, an way balancing the need for social stability and the need for change.
Through western democracies adhere strongly to these dictums but generally the tendency of freedom has outgrown its utility. The people are not out using these rights merely because they fall in sphere of their right but they have started encroaching on the rights of other people. Which, in fact, goes against the concept of the freedom of speech and expression. The right has been utilized in a wrong way for example, maligning the president (Jennifer flower case against President Bill Clinton at USA searching the truth, western democracies are destroying it.
2nd World:
Previously, till the strong hold of communist region, the freedom of speech and expression was entirely denied to the people living in the Eastern Europe, China and U.S.S.R Instead of giving them (the masses) their divinely rights as an individual, man made rights and duties were created,which resulted in the disintegration of Russian evil empire. Yet China is the only country belonging to the 2nd world countries which still has socialist reign. It may be pointed out that the dissidents in china are living a miserable life and there is a continues human rights violations.
3rd World:
Regarding third world counties the freedom of speech and expressions is divided into two groups. The elites of the country. i.e. politicians and Government Officials enjoy the freedom fo speech and expression whereas the common man only used this freedom when elections are held.
Conclusion:-
The answer, off course, is yes because an individual does matter, especially in a
democratic set up, an individual is more important than the government. In fact Government are installed for the sake of people, for the benefit of an individual. So that no even an individual be deprived of his right. He should share them in equality. The concept of might is right, should never be made applicable.
In fact it is, an individual, for whom the religion is revealed by the God. In fact God Himself was that his creatures should enjoy full liberty which he has granted to them.
