Nationalism, sedition, free speech and more

If anyone holds a view that is different from the government’s “acceptable” view, they are immediately dubbed as “anti-national” or “desh-drohi”, says justice AP Shah

GN Bureau | April 20, 2017


#beef   #nationalism   #free speech   #sedition   #Delhi high court   #AP Shah   #MN Roy memorial lecture  


 
Former chief justice of the Delhi high court, justice Ajit Prakash Shah, has batted for free speech, expressed concern over sedition charges against JNU students, and said that the order to stand up for national anthem in cinema halls has “actually undermined patriotism amongst fellow Indians”.
 
Here are excerpts from MN Roy memorial lecture on “Free Speech, Nationalism and Sedition” that was delivered by Shah on Wednesday:
 
Today, we are living in a world where we are forced to stand for the national anthem at a movie theatre, we are told what we can and cannot eat, what we can and cannot see, and what we can and cannot speak about. Dissent, especially in the university space, is being curbed, and sloganeering and flag raising have become tests for nationalism. We have a 21-year old university student who is subject to severe online hate, abuse, and threats, only because she dared express her views.

Our institutions of learning are under attack today and there is a concerted attempt to destroy any independent thought. Today, sadly, in this country I love, if anyone holds a view that is different from the government’s “acceptable” view, they are immediately dubbed as “anti-national” or “desh-drohi”. This marker of “anti-national” is used to intimidate and browbeat voices of dissent and criticism, and more worryingly, can be used to slap criminal charges of sedition against them.

India is a diverse country and people hold different views about nationalism, the idea of India, and our place in the world. We must respect these differences, not silence those who hold a different view on nationalism and patriotism for the country. Elevating only a single view – one that idolises the nation and staunchly rejects any internal or external criticism – will only polarize citizens against each other.

Our right to free speech and expression is not a gift or a privilege that the government bestows on us; it is our right, guaranteed by the Constitution of India, and won after decades of struggle and sacrifice by the people of India.

The supreme court has repeatedly emphasised the value of free speech, noting that the freedom of speech and expression lies at the foundation of all democratic organisations, inasmuch as free political discussion facilitates public education and enables the proper functioning of the processes of government.

Free speech has to be protected institutionally – not only by the Courts, but also by statutory institutions and the media.

How can you forget that in Udta Punjab, an Adult-only certified movie, the Censor Board demanded 94 cuts (based on 13 suggestions), including deleting the name “Punjab”, deleting certain abuses and deleting the words “Election”, “MP”, and party worker”. If this is not an assault on the freedom of speech and expression, then I don’t know what is.

In recent times, a section of the media, through its biased and one-sided reporting, has unfortunately aided in the restriction on free speech. A news channel airs false and doctored footage, while others openly flame the fans of this patriotism and anti-national debate. It is ironic that the media, which played a critical role in asserting its right to free speech during and after the emergency, and in the process helped develop our Article 19(1) jurisprudence, is now the institution that is compromising and challenging the same freedom of speech of the dissenters today.

We are still grappling with the fact that the crime of sedition was invoked against a group of 20-something university students for doing what students in a campus should feel entitled to do – raise slogans, debate, disagree, and challenge each other on complex, political issues that face the nation today.

It is therefore left to the courts to re-examine the constitutionality of sedition. It is not enough to expect an acquittal by the courts after 4-5 years; we need to stop the misuse of the law to silence dissent by removing the source of the power itself. 
The guarantee of freedom of speech rings hollow, if the State cannot guarantee freedom after speech.

I know of many people who considered themselves patriotic and would always stand when the national anthem was played. But the Supreme Court’s order has fundamentally changed their relationship with the anthem and has resulted in undermining its import. The order may have ensured that cinema audiences throughout are now standing before the national anthem plays, but what the Court fails to have realised is that such an action is a performance, motivated by fear of being beaten up, rather than genuine respect and love for the anthem. In the end, it has actually undermined patriotism amongst fellow Indians.

Similarly, preventing people from eating the food they want and effectively forcing a life choice on them undermines any feelings of nationalism and unity, and is another insidious form of cultural nationalism. Recently, Mohan Bhagwat called for a national law against cow slaughter. But we must be wary of forcing a single ideology or way of living on the entire country, especially a country as diverse as India, where States such as Kerala, or the various states in the North East consider beef a staple part of their diet.

How can we forget the lynching of Akhlaq, who was suspected for allegedly storing and consuming beef, but where the first thing that was sent for forensic examination was not his body, but the food that is in the fridge. Is this what the value of human life comes to?
 
Read the whole lecture here 


 

Comments

 

Other News

Lokayan 26: Indian naval ship sets sail from Livorno, Italy

The Indian Navy’s sail training ship, INS Sudarshini, set sail from Livorno, Italy, on Saturday on completion of a successful port call. During her stay, the ship participated in a series of professional interactions and cross-training visits, strengthening bonds of friendship and maritime partners

Global South: Health cooperation needs institutions to make solutions scalable

September 12 marks the International Day for South-South Cooperation, commemorating the 1978 Buenos Aires Plan of Action (BAPA). Forty-eight years later, its central proposition remains relevant: countries of the Global South can draw on their own knowledge, experience and innovations to address shared d

Reading the mind of Xi Jinping

As India prepares to host the 18th BRICS Summit this weekend, and as prime minister Narendra Modi is set to hold a bilateral meet with president Xi Jinping, China’s growing global influence and the changing dynamics of India-China relations will be under focus. But to understand where China is head

BRICS at 20: From economic weight to global influence

This year marks 20 years of BRICS, with India set to host the grouping’s leaders’ summit this weekend. The anniversary offers an opportune moment to assess BRICS’ growing importance at a time when the effectiveness of global governance and the credibility of multilateralism are under in

Former president Ram Nath Kovind on some of his unforgettable journeys

Triumph of the Indian Republic: My Life, My Struggles By Ram Nath Kovind Rupa Publications, 400 pages, Rs 795   All our presidents so far stand out, each for a different reason. Ram Nath Kovind, the 14th president of India, from 2017 t

Uday Kotak on history, Indian economy, growth and more

Pathbreakers: How 10 Visionary Leaders Transformed India by award-winning journalists  By Sucheta Dalal and Debashis Basu Rupa Publications, 304 pages, Rs 695  

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter