33. Constitution (First Amendment) Bill - Page 353

336 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

shortness of time I would content myself by reference to the Press Act, section 4, which has been called in question. This is what section 4 of the Press Act says:

“Whenever it appears to the Provincial Government that any Printing Press, in respect of which any security has been ordered to be deposited under section 3 is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which”— I want the House to mark these clauses carefully—

“( a ) incite to or encourage, or tend to incite to or to encourage, the commission of any offence of murder or any cognisable offence involving violence, or

( b ) directly or indirectly express approval or admiration of any such offence or of any person, real or fictitious, who has committed or is alleged or represented to have committed any such offence.

or which tend directly or indirectly.

( c ) to seduce any officer, soldier, etc………..

The important point to which I wish to draw the attention of the House is (a) “incite to or encourage, or tend to incite to or encourage, the commission of any offence of murder or any cognisable offence involving violence.” It means that under the decisions of the Provincial High Courts to which I had referred it is now open to anybody to incite, encourage, tend to incite or encourage the commission of any offence of murder or any cognisable offence involving violence.

The one question that I would like the House to consider. is this. Is it a satisfactory position that any person should now be free to incite or encourage the commission of offences of murder or any cognisable offence involving violence ? I want the House to consider the matter dispassionately. Is it a desirable state of affairs ( Several Hon. Members : No. no.) that our Constitution should leave us in this desperate position that we could not control the right of free speech which has been granted by clause (1) of article 19 and it should be so unlimited that any person should be free to preach murder or the commission of any cognisable offence. I have tried to put the matter in a nutshell. That is the position.

The same thing has now occurred with regard to the public safety laws or the laws made by the various States for the