‘Dharna’ Against the State: Freedom of Speech or a Question on the Rights of the State

Introduction

1. The state of nature and need for social contract
2. Forfeiting a writ by shirking on obligation

‘Dharna’ Question on the Write of the State as it

1. Paralyze the state machinery
2. Prevents the function of the executive
3. Undermines the judiciary, eroding public confidence, reducing institutional independence and handing due process
4. Brings civilian life to a halt- infringing upon other fundamentals rights
5. Calls for mutiny, vigilantism and assassination
6. Imitates policy framers, law makers and opinion leaders
7. Taints image of state, making it appears susceptible and vulnerable
8. Encourage mob justice
9. Undermines rule of law

How’Dharna’ Falls outside the Ambition of  Freedom of Speech

1. Defeats the purpose of freedom of speech
2. Hate speech not free expression. Ways for actual Freedom of Speech to reinforce right of the State

Conclusion

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