“The pen is mightier than the sword.” This isn’t merely a proverb but a historical truth that changed India’s destiny.

Throughout history, it was not the war that made Indians unite and fight against the Britishers, but the words, those bold writings, and fearless speeches united people, awakened the minds, and the sleeping nation rose to fight against those Britishers. It was the freedom of expression that fueled India’s fight for independence. Newspapers, pamphlets, and fiery speeches from leaders like Bal Gangadhar Tilak weren’t just ink on paper; they were weapons against the British Raj. Tilak’s nationalist writings got him jailed for sedition, yet those words stirred millions.

But today, the courage to speak the truth stands on trial. the very act of telling the truth or expressing creativity has become dangerous. Writers, artists, activists, and even ordinary citizens now risk backlash, censorship, or even death not for breaking the law, but for speaking the truth.

Similarly, Raja Ram Mohan Roy faced severe backlash for opposing Sati and superstitious practices. Had he stayed silent, would Indian women today have enjoyed the rights and dignity they have now? If the social reformers of the past had feared “hurt sentiments,” regressive practices would have ruled forever.

When Truth Became a Crime

Speaking against injustice or revealing inconvenient truths is seen as hurt sentiments and made them liable today.  E.g.

• E.V. Ramasamy “Periyar” fought against casteism, but his writings were banned, his books burnt, and his life constantly threatened.
• M. Ashok, a 26-year-old Dalit activist, was hanged to death in 2019 for exposing caste atrocities.
• Globally, thinkers like Einstein faced Nazi hatred simply because he was a Jew and a scientist challenging orthodox beliefs. His works, along with those of Freud and others, were burnt by Nazis not because they were wrong, but because they were right.
• In India, M.F. Husain faced exile for his art[1]; Salman Rushdie saw his book banned; filmmakers behind Padmavat, Tandav, and PK faced legal cases and violent protests.[2] Even a professor like Ali Khan Mahmudabad, explaining political history, was criminalized.[3]

Perhaps the most bitter truth is, we all know that caste was brought by someone from outsiders (i.e., Aryans). we are all humans, having similar features and living in the same place, having the same life. We know it is wrong to treat others differently, yet we kill people who are against the system of caste. Why? Because the truth hurts. But Dharma says truth is the most powerful tool in life.

The Modern Crisis: Judicial Sensitivity or Regressive Suppression?

Democracy itself was born from the spirit of free expression. The right to question, to dissent, and to critique power is what democracy is. The judiciary is meant to shield free speech. But today, even courts seem more eager to protect “hurt sentiments” than constitutional rights.

• The judiciary now often demands apologies from artists and thinkers, not for breaking laws, but for causing “offense.”
• As Sanjay Hegde pointed out in The Hindu editorial, instead of asking “Was this speech protected?” courts now ask “Did it hurt someone’s feelings?”[4]
• This flips the very purpose of democracy from protecting speakers to pampering listeners.

Without Expression, Democracy Dies

By which artists fear speaking, writers hesitate to write, and citizens are silenced before they can even raise their voice. Suppressing art, censoring truth, and criminalizing speech end the concept of democracy.

• Freedom of expression isn’t just about art it’s about social progress, justice, and truth.
• When truths are buried under the weight of hurt sentiments, society stagnates.
• When courts, lawmakers, and mobs prioritize sentiments over facts, we drift back to an age of oppression, where the powerful ruled over the weak.

How Can One Defend the Freedom of Art and the Freedom of Speech

• To balance these two arguments, verdicts in the court cannot be based on feelings, but rather, on liberties. The crime should not be based on feelings.
• Obsolete colonial legislations, such as Section 295A IPC, sedition laws, should be re-examined, clarified, and revised to avoid abuse[5].
• The leaders, artists, and writers should gain collective courage and rise against censorship, intimidation, and fear.
• The education systems have to bring in the idea that it is normal to be offensive with freedom and that healthy democracies live based on disagreement and debate.
• Article 19(1)(a) has to be taken very seriously by the Courts, and the guarantee under the Constitution about the freedom of speech should not be denied or belittled, or even used as a basis for a frivolous case, by so-called hurt sentiments.
• The test of legality must never be the popularity or the majority feeling; courts should not be expected to demand apologies based on mob rule.
• Judges need to be taken through regular training on the law of free speech, with a lesson that securing sentiments must not rise above constitutional freedoms.
• The power to dismiss at the threshold must be given to courts so that vexatious, malicious actions can be dismissed where no doubt in the mind of the right of the artists is sought to be misused.
• The contents of section 295 A, 153A, and sedition acts need to be redressed using well-defined terms that are non-misused to safeguard honest accuracy.
• India should come up with an Artistic Freedom Protection Act that legalizes forms of creativity by offering a redressal procedure to genuine claims.
• Any person reporting false, malicious, and politically induced cases against artists, writers, or filmmakers should face strict punishment.
• Artists, writers, legal professionals, and those in civil society attention They must take collective action to protect the freedom of expression in art by establishing networks of legal assistance, such as solidarity organizations and media networks.
• The media houses must also practice good journalism that does not bring up the element of sensationalization of events involving hurt sentiments, but one to enlighten people on constitutional freedoms.
• There should be campaigns about the significance of freedom of expression through social media, art festivals, and community channels to raise awareness among the people.
• The concepts of free speech should be introduced to school and college curricula so that they grow up to have a critical mind, constitutional thought, and accept dissent.
• Schools and colleges must also promote free discussions, set up art programs, and make open places where one may have free dialogue about sensitive issues.
• There should be media literacy workshops that will inform people on how to understand the differences between criticism and hate speech, offense and crime.
• India should look up to best practices adopted in other countries to create effective protection to artists and freedom of expression, as is done in countries such as Norway and France.
• India should implement the recommendations of the reports on cultural rights produced by UNESCO with a sense of international responsibility.
• Artists, lawyers, and civil rights defenders should be encouraged to do cross-border activities to create a stronger network of advocacy and exchange international best practices.
• All citizens should not be self-censoring in any way, but rather exercise their right to convey their ideas, even to convey unpopular and controversial ideas.
• The assistance to victims of censorship, intimidation, or violence should be vocal, overwhelming, and constant: on digital platforms, social movements, and legal assistance.
• People have to protest social biases at their homes, schools, and communities, and remain open-minded in discussions.

Conclusion:

India’s future depends on how boldly we defend the right to speak, to write, to create, and yes, even to offend. Because truth must never be hidden, and freedom must never be silenced

 If You Want to Protect Society…

Instead of going to court with the idea of banning books/authors, censoring artists/playwrights, or gagging speakers in the name of hurting sentiments, think of the following: Why rise of pornographic advertisement, obscene matter, and exploitative videos on sites like YouTube, social media, and digital media not been banned or stopped? which have a direct impact on behavior, warp young minds, and are associated with increasing incidences of sexual harassment, assaults, and toxic masculinity.

If the real aim is to protect values, society, and public morality…
Clean up first of all what is really corrupt – not the voices of truth, not the pens that are awakening minds.

Because silencing truth will only darken society. But confronting real threats will enlighten it.

[1] Times of India Blog, Articles of Freedom: Defending Art and Free Speech, Times of India Blogs (Jan. 24, 2025, 8:05 PM), https://timesofindia.indiatimes.com/blogs/gen-zedits/articles-of-freedom-defending-art-and-free-speech/.

[2] Riya Gupta & Harsahaj Singh, Art or Blasphemy? The Battle Between Religious Sentiments & Creative Freedom in Indian Cinema, Mondaq (Dec. 30, 2024), https://www.mondaq.com/india/broadcasting-film-tv-radio/1562666/art-or-blasphemy-the-battle-between-religious-sentiments-creative-freedom-in-indian-cinema.

[3] Indian Professor Arrested Over Social Media Post on Military Operation, Al Jazeera (May 18, 2025), https://www.aljazeera.com/news/2025/5/18/indian-professor-arrested-over-social-media-post-on-military-operation.

[4] Sanjay Hegde, Judicial Sensitivity to Sentiments is a Sign of Regression, The Hindu (June 9, 2025), at 8 (Editorial).

[5] Swathi Satish, Freedom of Expression in India, ClearIAS (Jan. 12, 2025), https://www.clearias.com/freedom-of-expression/.