Free speech? Clever cover for India bashing

Hypocrisy of Left-liberal commentariat

Activist-author-anarchist Arundhati Roy remains recalcitrant. On Tuesday she issued a statement, in which, among other things, she “the people of Kashmir live under one of the most brutal military occupations in the world”, “the Indian poor pay the price of this occupation in material ways and who are now learning to live in the terror of what is becoming a police state”, “pity the nation that has to silence its writers for speaking their minds”. Curiously, or perhaps not, she claimed “Dalit soldiers” are getting killed in Jammu & Kashmir.

On Sunday, speaking at a seminar on ‘Wither Kashmir: Freedom or Enslavement’ in Srinagar, Arundhati Roy said, “Kashmir has never been an integral part of India. It is a historical fact.” She said she was proud to associate herself with “resistance movements” across India and counselled Kashmiris to “consolidate the gains” of the recent four months of anti-India agitation. “The power concedes nothing unless it is forced to,” she said, and demanded demilitarisation of Jammu & Kashmir. Then she went on to urge Kashmiris not to join the State police and the Central Reserve Police Force.

Strangely, Arundhati Roy questioned the legitimacy of Kashmiris electing their own Government: “You (Kashmiris) should think how the elections were used against you.” In the same breath she added, “The Prime Minister of the world’s largest democracy has not been elected.” Does she then, at least, admit India is the “world’s largest democracy”? Of course not! “India is behaving like a colonial power and suppressing one community at the hands of the other … They are sending Nagas to Kashmir and Punjabis to Manipur.”

The Union Ministry for Home Affairs believes there is sufficient evidence by way of Arundhati Roy’s seditious utterances to prosecute her under Section 124 A of the Indian Penal Code. This section says:

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1-The expression "disaffection" includes disloyalty and all feelings of enmity.
Explanation 2-Comments expressing disapprobation of the measures of the attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3-Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

The Home Ministry is said to be waiting for “political clearance”. The Congress is believed to be of the view that while a case should be filed against her and she should be prosecuted, Arundhati Roy should not be arrested to avoid “negative publicity abroad”. And what if the courts hold her guilty and send her to jail? What then? Or is the Congress banking on the decrepit criminal justice system to drag the case for years and decades, by when it will be inconsequential whether she is punished or not.

Over the weekend, three distinct viewpoints have emerged. First, Arundhati Roy should be prosecuted. Second, we should ignore her just as others on the lunatic fringe are ignored. Third, she should be allowed to have her say because “freedom of speech is guaranteed” by the Constitution of India. I have already expressed my opinion on the first two points. The last view merits further comment.

Contrary to popular belief, popularised no doubt by illiterate and ill-informed members of south Delhi’s Left-liberal commentariat that rules ‘national media’, freedom of speech is not unrestrained in India.

The Constitution provides for "the right to freedom of speech and expression" [Article 19(1) a]. However this right is subject to restrictions under sub-clause (2), whereby this freedom can be restricted for reasons of "sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, preserving decency, preserving morality, in relation to contempt, court, defamation, or incitement to an offence”.

Arundhati Roy is clearly in breach of these restrictions. Anybody else violating sub-clause 2 would have faced the ire of the state. Second, by slyly referring to “Dalit soldiers” and urging Kashmiris not to join the police and CRPF, she is prima facie guilty of far worse.

That apart, for the Left-liberals to argue in support of free speech is disingenuous. The same freedom is rudely curbed when the Right wants to exercise this right.

As my friend and one of the leading scholars of West Asia, Barry Rubin, recently wrote, albeit in a different context, “Leftist attacks are designed to demonise, destroy and silence … Conservatives have been often demonised and, given liberal suspicion toward that side of the political spectrum, many liberals have believed whatever they’ve been told by often highly partisan and dishonest sources, failing to insist on fair play. Ridicule conservatives and moderate, traditional liberals will accept it without checking quotes, listening to responses, and demanding accuracy”.

In justification of their intolerance, bigotry and belligerence, the Left-liberals say, “We must draw a distinction between ‘hate speech’ and ‘free speech’.” Really? When does ‘free speech’ become ‘hate speech’? When it bruises bogus Left-liberal sensitivities? And, what if I were to insist, for good reason, that Arundhati Roy’s ‘free speech’ is ‘hate speech’ disguised in cockamamie jargon?

We could also ask whether those who have suddenly become vocal in protecting unrestricted 'free speech', which rests on the principle of absolute freedom to say anything, irrespective of consequences, had been equally vocal in protecting Varun Gandhi's right to say what he is alleged to have said (he says the tape was doctored; the issue is in court) during last summer's election campaign.

Arundhati Roy claims to be speaking for ‘justice’. There can be no justice till such time India is burdened with a flawed system based on the notion of laws being equal for all but privileges being different. The laws which she is accused of having violated shall never be applied to her because she belongs to the ‘intellectual elite’, the club of English-speaking professional dissenters who thrive on media publicity, who are feted by the commentariat, who are promoted by foreign media keen to portray India as a banana republic. Yet, the same laws are applied to others who are less privileged than Arundhati Roy and her gang of cheer leaders.

There is merit in the argument that nothing should be done to help Arundhati Roy achieve her goal of being seen as India’s Liu Xiaobo. There’s nothing she would love more than that and the adulation which would follow.

Yet, it rankles that she should listen to the grasshoppers sing while others serve time for offences far less serious. This is neither just nor fair. It’s definitely not my idea of justice.

What do you think?

India's Lajja: Taslima leaving for freedom

India's Lajja: Taslima leaving for freedom

Dissident Bangladeshi author Taslima Nasreen has decided that rather than suffer solitary confinement in a ‘safe house’ where she is kept under virtual house arrest by intelligence agencies, she will “leave India in the next few days to live in freedom” in another country. Nasreen says she has conveyed her decision to officials of the Ministry of External Affairs.
“I wanted to, I still want to, live in India, make it my home. But look at my terrible existence. I can’t meet friends; people can’t meet me. E kemon bechey thaaka? Is this any way to stay alive?” the author of Lajja (Shame), told The Pioneer on Monday evening.
She describes her stay in the ‘safe house’ as “incarceration”, adding, “My hands have been shackled… I can’t accept these chains any more. I am not doing this (leaving India) of my own volition. I am being forced to leave. It gives me no great pleasure to do so.”
Nasreen, whose resident permit was extended on February 14 after keeping her on tenterhooks for weeks, says she is not even allowed access to doctors. “I need to urgently consult a cardiologist. I am suffering from high blood pressure. But I am told that I cannot be taken to any hospital, as it will ‘create problems’. So I requested them to bring a doctor (to the ‘safe house’). But even this they refused to do,” she adds.
Unlike previous occasions when she would be feisty and insist that she would not succumb to pressure and leave India, on Monday she sounded tired and despondent. “Aami morey jaabo… ei bhabey thaakley aami baachbo na. (I will die… if I continue to remain in this solitary confinement, I will not survive),” she says, adding, “I want to escape to freedom.”
So is she giving up her fight? “If I don’t live to fight another day, how can I continue with my struggle? I tried my best to stay in India. All I wanted was to be in Kolkata. If I can’t do that, if I cannot be among my friends and the people I love, what’s the use of my staying here?” she shoots back.
And then she becomes despondent again. “Because of high blood pressure caused by stress, I have developed heart disease (hypertrophy) and hypertensive retinopathy, which will eventually cause me to go blind. My blood pressure, if uncontrolled, will destroy my heart and kidneys. Tell me, what should I do?” Nasreen, a qualified doctor who gave up her profession to become a writer, asks.
She claims that her request to visit her apartment in Kolkata to collect her bank cards and some documents before she leaves India has been rejected. “Officials of the Ministry of External Affairs have finally had their way,” she says.
Nasreen, exiled from Bangladesh since 1994 when Islamic fanatics demanded she be sentenced to death for Lajja, was forced to leave Kolkata, where she had been living for two years, after Muslims rioted on November 21 last year, accusing her of being anti-Islam and demanding she be thrown out of the city and the country. She was brought to Delhi via Jaipur and has been in the custody of Central intelligence agencies since November 23 in a 'safe house' in the National Capital Region, from where she is not allowed to step out.
Nasreen's offer to delete ‘controversial’ passages from her autobiographical book, Dwikhondito, has been ignored.

March 18, 2008.

Artistic freedom yes, but not with Aurangzeb

Artistic freedom yes, but not with Aurangzeb
Artistic freedom in increasingly 'secular' India has come to mean the right to denigrate Jesus Christ and Goddess Shakti, as was done by a callow student of the fine arts faculty of Maharaja Sayajirao University in Baroda last year. But permission to exhibit exquisite miniatures and firmans related to Aurangzeb has been denied, because 15 Muslims and a bogus nawab have demanded so.
French journalist Francois Gautier's Foundation Against Continuing Terrorism (FACT) has painstakingly -- and at great expense -- put together a collection of 40 miniatures and firmans that tell the story of Aurangzeb's rule. The exhibition is called Aurangzeb as he was according to Mughal records. "We have taken care to present all facets of Aurangzeb, including his piety," says Gautier.
The collection was first exhibited to critical acclaim at the Habitat Centre in New Delhi. It next travelled to Pune where one lakh people visited the show. It was equally well received in Bangalore where the popular Gallery G hosted the exhibition. FACT then decided to take the collection to Chennai where it was supposed to be exhibited at the Lalit Kala Akademi from March 3 to 9.
The exhibition was inaugurated by N Vittal, former Chief Vigilance Commissioner, and B Raman, security expert and former R&AW official, March 3 at 5 pm. Some 100 people attended the inauguration. Since March 4, a continuous stream of people came to see the exhibits.
On March 5, a group of 15 Muslims (Gautier says "they were no more than six") affiliated to the Tamil Nadu Muslim Munnetra Kazhagam, Manitha Neethi Paasarai and other Muslim organisations, entered the exhibition hall and confronted FACT volunteers who were present there. Raising their voice, they rubbished the show and alleged that it did not portray the right image of 'their' Aurangzeb.
"They threatened they wouldn't allow the show to go on, that they would send hundreds of protesters after Friday prayers from a nearby mosque," says Gautier. The organisers lodged a complaint with the local police station and the next day policemen were posted at Lalit Kala Akademi.
Meanwhile, RM Palaniappan, manager of Lalit Kala Akademi, rattled by the protest by 15 men, asked FACT to pack up and leave. He panicked after Assistant Commissioner of Police KN Murali visited the exhibition hall, had a cursory look at the miniatures and firmans (written in Persian and hence unintelligible to him), worked himself into a rage and shouted at the organisers, lacing his diatribe with expletives, before stomping off, threatening to return.
On March 6, Prince of Arcot Nawab Mohammed Abdul Ali made a surprise visit to the exhibition at 3 pm. After spending some time looking at the miniatures and the firmans, he lashed out at FACT volunteers and accused them of "misrepresenting facts". He was particularly enraged by two miniatures -- the first depicted Aurangzeb's army destroying the Somnath temple and the second showed the destruction of the Kesava Rai temple in Mathura.
He insisted that the paintings amounted to "fabrication and distortion of history" and that Aurangzeb had never done anything to harm the Hindus. He demanded that the exhibition be immediately shut down and said he would take up the issue with "higher authorities" in the State Government. Later, the 'Prince of Arcot' issued a Press statement, claiming, "the exhibition seemed to dwell only on Aurangazeb's alleged misdeeds and not a word about his munificent contribution. The exhibition would only promote enmity between various groups."
By Thursday, March 7, "higher authorities" in Tamil Nadu Government had issued instructions to the police to shut down the exhibition. Murali, along with his men, stormed into the exhibition hall on Thursday evening and began taking down the paintings. "He was looking for the paintings showing the destruction of Somnath and Kesava Rai temples. He threw them to the floor," said a FACT volunteer.
The police say they acted after receiving "three complaints that the show would disturb communal harmony". They wanted the exhibition to be shut down immediately as the next day was Friday. The police also forcibly took into custody three FACT volunteers -- Saraswathi (65), D Vijayalakshmi (62) and Malathi (47) -- although women cannot be detained after sunset in police stations. They were not allowed to contact their families.
The hall has been sealed and FACT has no idea about the fate of the paintings and other exhibits, including the priceless firmans. "I am told some of the paintings have been damaged beyond repair. This is shocking, especially because what we have witnessed is vandalism by the police," says Gautier.