The Kodaikanal Gandhi Prize 2022
Second Prize
(shared)
GUNIKA BERIWAL
Myths of Freedom of Speech in Today’s Era
‘So long as you do not achieve social liberty, whatever freedom is
provided to you by law is of no avail to you.’
– B. R. Ambedkar
Humans communicate their feelings, thoughts and sentiments with others through speech. Thus, right to freedom of expression and opinion is very important but within judicious bounds thereby not hurting anyone’s feelings.
‘Claiming the right of free opinion and free action as we do, we must extend the same to others. The rule of majority when it becomes coercive, is as intolerable as that of a bureaucratic minority.’ (MK Gandhi, Young India, 26-1-1922)
Just as we remember 13 April 1919 for the killing of thousands of innocent Indians for a peaceful gathering in the Jallianwallah Bagh, have we progressed enough, for history to not repeat this devastating event?
I believe not. Today, on mere suspicion a person is lynched to death. Consequently, Mahatma Gandhi’s words still hold relevance today which I will try to prove through a few examples.
Article 19(1)(a) of the Indian Constitution says that all citizens have the right to freedom of speech and expression. Freedom of speech refers to the ability to freely express one's ideas and convictions orally, in writing, visually, or through the use of other media.
This freedom has frequently been challenged in court in relation to play and film censorship and book bans. The Censor Board is a statutory film-certification body in the Ministry of Information and Broadcasting of the Government of India. It frequently goes beyond what is required of it in terms of certification, absurdly demanding that movies be shortened, and occasionally even changing the story. Many movies, including the Tamil film Ore Oru Gramathile and the Hindi film Udta Punjab, have been saved from the censor board's arbitrary decision thanks to the literary comprehension of our judges.
Freedom of speech is also the liberty to create. Art is a powerful tool for an artist to share his perspectives and ideas with society. It can also be used as a strategic resource to overcome division and address today’s problems.
The arts are particularly susceptible to judgments on morality and decency. Maqbool Fida Husain, one of India's most well-known artists, serves as an illustrative illustration of societal intolerance. Husain was pushed into exile after being targeted by Hindu right-wing organisations who claimed he had painted naked images of Hindu gods and goddesses, insulting their sensibilities. Hardline Hindu organisations attacked Husain's residence and the galleries that featured his artwork. He had to fly across the nation to respond to complaints after private individuals brought criminal hate speech and obscenity lawsuits against him in various places across the nation.
‘When it comes to democracy, liberty of thought and expression is a cardinal value that is of paramount significance under our constitutional scheme.’
– Supreme Court of India, Shreya Singhal v. Union of India, March 24, 2015.
The sedition law was enacted by the British over a century ago, to quell dissent against the colonial government among Indians. But even after 75 years of independence this law still exists in India. This archaic law is now used indiscriminately on activists, journalists, and other public figures in order to stifle dissent and criticism of the government and as a result, criminalising peaceful expression in India. For instance, in October 2015, this law was used to arrest S Kovan, a folk singer in the state of Tamil Nadu, for two songs in which he criticised the state government’s policy of allegedly profiting from the state-run liquor shops at the expense of the poor.
The state is failing to protect its citizens’ right to freedom of expression by continuously giving in to angry mobs who damage public property to express their dissatisfaction with someone’s point of view. The government uses vague and broad laws like defamation law and sedition for political ends.
‘Freedom of expression is a privilege for some and denied to others while those strangling free expressions continue to unabashedly sing the mantra of freedom and democracy.’
The above-mentioned statement effectively illustrates how the right to free expression can be abused. Any democracy's ability to function depends on its citizens' ability to exercise their right to free speech within the bounds of decency. The government must guarantee that its
citizens can enjoy this fundamental right without fear of losing their right to privacy.
Defamation laws aim to balance one person's right to reputation and dignity against another's right to free speech and information. It strives to shield people from unjustified and unfounded allegations in their private lives. On the other hand, it is also open to easy abuse.
Siddharth Varadarajan, an editor of The Wire, collected three to four criminal defamation cases against him during the two years he worked as the editor for The Hindu. So, you can imagine if such is the case, then reporters or editors are going to think a hundred times when they write a certain thing. As a consequence, not only are they stifled and prevented from expressing their views but this also stops both sides of the story from reaching the general public.
In any country, going through the judicial system after getting convicted is a punishment in itself. While going through the criminal justice system, defendants frequently experience the agony of going through protracted, drawn-out proceedings. In certain instances, judges also seem to lack adequate training in matters of free speech and disregard Supreme Court directives when it comes to placing restrictions on peaceful expression. The voice of dissent of these people is crushed and their work is disturbed. All the energy is spent fighting the case. And it’s not only about spending time in prison, financial loss or even professional loss, the image of the convicted person in the eyes of others turns to ‘anti-national’. It’s not only one person’s stigma but the whole family’s.
A potent communication instrument is social media. It allows people from all sides to express their views. People can freely express their viewpoint but they forget their limits of words. This free expression is a double-edged sword in people’s hands. The idea of free speech was
to enable people to share their thoughts online without worrying about suffering unfair consequences. Free speech has succeeded in its aim, but it has also given those who wish to spread false information a chance to do so without facing repercussions.
When Shantanu Deshpande, CEO and founder of Bombay Shaving Company, posted an innocent blog urging youth to work hard and not do rona dhona, he wasn’t prepared for the trolling that would occur past that.
‘What a shameless slave owner’
‘Bombay Shaving Company must be so toxic’.
A nonchalantly written post had fired up the whole world, it seemed. The main goal of the article was to inspire young people to work as hard as they could in order to reap life's benefits in excess. We've all been taught the traditional Indian middle-class precept, ‘mehnat ka fal meetha hota hai,’ right? Wrong! The outrage reached the peak on second and third days and by day seven it disappeared. Public memory is fickle. Things die down very quickly.
Social media is an echo chamber. The social media fire is stoked by the oxygen of attention. The idea of free speech was to enable people to share their thoughts online without worrying about suffering unfair consequences. Free speech has succeeded in its aim, but it has also given those who wish to spread false information and bad mouth others, a chance to do so without facing repercussions.
A whisper can become a scream. Thoughtful articulation is the key. Your opinion counts. You have the right to express your opinions, spread knowledge, and call for a better world. You have the right to support or oppose the people in authority but such views should be expressed eloquently and peacefully while being aware of the consequences of those words.
In the colonial era, only Britishers were policing but in the modern technological era, everyone is trying to stop or demean others. Although freedom of speech fosters social development, it may also have unfavourable effects. It shouldn't be used to offend or provoke other people. The media shouldn't abuse it either. When using our right to free speech and expression, we as citizens of this country should do so responsibly. We are fortunate to be Indian citizens. It is a country that values each of its residents and accords them the freedoms necessary for their own development.
A fundamental right of every citizen of India, the ‘Freedom of Speech’ allows citizens to share their individual thoughts and views. I am of the firm belief that Gandhi’s theory on freedom of speech is as relevant today as was in the 1950s. In light of evolving modes of expression in today’s advancing world, such rights might need to be revised to appropriately guide the younger and elderly generations for the healthy use of these services.
‘Intolerance of dissent from the orthodoxy of the day has been the bane of Indian society for centuries. But it is precisely in the ready acceptance of the right to dissent, as distinct from its mere tolerance, that a free society distinguishes itself.’
– A G Noorani, 1999
GUNIKA BERIWAL
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