RIGHT TO FREE SPEECH: IS IT ALWAYS RIGHT?

    Article 19 of the Universal Declaration of Human Rights signed on the 10th of December 1948 under the lead of Mrs. Eleanor Roosevelt as an initiative of the United Nation garauntees all human beings the "Right to the Freedom of Opinion & Expression". In context to this topic, Article 19 states that all human beings have the right to seek, receive and impart information & ideas through any media and regardless of frontiers. People can freely express/ speak their opinion notonly verbally but through any means of communication available. However, does this mean that everyone can speak what they wish whenever they wish? Likewise, the Consitution of Nepal Part 3 (17.1.A) also garauntees the citizens of Nepal the freedom of opinion and expression.

    Based on my experience working in the sector of human rights education, I believe that the answer to this question is a big "NO". It is true that the people have the right to express their view and opinions freely. But one should respect the views and opinions of others as well. One should never speak words that disgrace, insult or cause harm to others. This is the give and take relation of rights. Expressing opinions in a public platform that may harm a individual or a group is not only morally wrong but also legally a crime. This has become a major issue in the present era where in online platforms have become a base for discussions and exchange of ideas. Recently, I had recieved multiple requests on my various social media accounts to respond to one particular post. This post basically was directed at the entire Newar community slandering the community with insults and disgracing all the Newars. Posted by an author in the global social platform "Facebook", as many believe, I too am of the opinion that it is quite inappropriate.

    This was the post that I feel is extremely inappropriate. For the sake of professional courtesy and ethics, I have not mentioned the author of the above shown post. This particular is not only filled with the insults and words of disgrace towards the entire Newa community, it is a clear misuse of the Right to Free Speech. Is this how a responsible citizen of the nation should act? It may be that individuals may be against a particular group but he/she doesnot have the rights to insults  and disgrace the entire community like this. I believe that it is the right of all to express words to oppose the ideologies or views of a group if they want but one should also know their limits. The above shown post by this particular author in Facebook is just crossing all limits. It is no wonder that this post has received negative response by many. I too am a Newar. I too feel insulted by this post. But it does not mean that I should just begin insulting this author. One should always remember what to speak and what not to, specially when directed  to others. This particular post can be taken in the form of promoting racism and community hatred.

    I strongly denounce such acts by this author. But one particular line is the one I would like to criticize the most. "अझै भनौ, जाड रक्सी चुरोट खैनी भाङ धतुरो को ब्यापार गर्न सुहाऊछ, ठमेल तिर बिदेशीलाई घुमाऊदै राती राती आफ्नो घर मा होम स्टे भन्दै स्वास्नी सॅग स्टे गराऊन सुहाऊछ!" The author of the above shown particular post is a woman and she has insulted all the female members of the Newa community. This line I believe is just too much. How can such a person be called a decent human being? Is there no limit to her shame? How can she call herself a decent woman by insulting other women? Even insulting a particular individual personally is morally wrong. This act is just uncivilized. The way this writer has written this post is not only a disgrace to the Newa community but also to her entire caste and all the people of Nepal. Nepal is one of the few nations where everyone respects the beliefs of other but this action of hers is a disruption os the racial peace and respect practiced in Nepal. Also, I deel ashamed and also believe that many of my fellow writers and fellow countrymen must feel ashamed of such writings. 

    Before wirting this post, I had a discussion with some journalist acquaintance. We all are of the agreement that not only is this post morally wrong but is also a criminal activity. This words used in this post categorize this post as a cyber crime.

    Writers and authors have a great deal of influence on directing the mindsets of the general pubic and mainly their followers. What we write can either direct the mindset of people to positive or else to negative psychology. Hence, writers, authors and people of such roles have a key responsibility to ensure and support peace, harmony and cooperation among all. I would like to request all my fellow writers and all my dear readers to respect everyone else and stop such acts of insulting and disgracing others.

- abhinavjoshi875@gmail.com

Reference:

http://www.lawcommission.gov.np/en/archives/981