Of Sedition, Freedom of Speech and Human Rights

November 2, 2010

Sedition and Arundhati Roy

Date : 21 Oct.2010

Place: New Delhi

Occasion : “Azadi – The Only Way” Convention.

Person involved: Arundhati Roy (and other lesser mortals)

Statement: "Kashmir has never been an integral part of India"

Crime : Sedition

Response: All hell breaks loose!

Flashback 1:

Player – Chief Minister of J&K Mr Omar Abdulla

Statement: “Kashmir had only acceded to, and not merged with, the Indian Union.”

Crime : ??? (for BJP, it’s ‘sack Omar’ handle)

Response – silence, save BJP!

Flashback 2:

Year: 1922,

Occasion: sedition trial

Person involved: Mahatma Gandhi

People’s response: Heroism to Gandhi.

Gandhi’s response: “Section 124 A, under which I am happily charged, is perhaps the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen.”

One becomes a patriot; 88 years on, the other a villain!


Much ink was spilled in the aftermath of the “Azadi – The Only Way” Convention in New Delhi in which the Kashmiri hardliner Syed Ali Geelani, Booker Award winner Ms Arundhati Roy, and pro-Maoist leader Vara Vara Rao seemingly “made hate speeches.” If Newton is right, every action has equal and opposite reaction. And that is the direction almost all talk in India focused – freedom of speech and sedition.

Our Nationalist party –the BJP- was the first one to attack the government. Its spokeswoman, Nirmala Seetharaman was articulate when she attacked the government for looking the other side (courtesy: Arun Jaitley) when people were “speaking so much against the country and in such a tone, meaning to excite people who are working against this country." Her party does consider that our Constitution makes right to free speech a fundamental right! Speak. But “not so much!”

Thanks to the highly patriotic and vociferous BJP – all of a sudden we came to know a few things: 1) we are Indians. 2) There is something called controlled freedom of speech, and 3) sedition. They enriched our vocabulary and patriotic knowledge.

The BJP has this noble habit of getting miserably patriotic whenever it fits BJP’s “nationalist” convenience.

Never mind. What did Arundhati Roy say? At a convention –fully videographed and thoroughly scrutinsed by the Government of India- in New Delhi on 21 October 2010, she said from the dais, “Kashmir was historically not a part of India,” and she accused the India government of being a colonising power after independence.

Government was quick to play to the BJP’s pseudo-nationalist politics: it threatened to book Geelani and Arundhati Roy under section 124(A) of Indian Penal Code, for “sedition.”

Media lost no time in reading its own judgment, as it wont to do. Trial by media much before courts could step in. Except a few like The Hindu, www.thehoot.org, and English PEN, who wrote editorials and op-ed page articles vehemently defending Roy’s right to free speech and India’s democratic credentials, most -notably TV anchors- conducted high-ranking political debates getting some big mouths from various political parties. There was support to the accused, across the world, too, specially some websites from Pakistan highlighing Roys’ comments. And that is bad! Our hard core nationalists felt humiliated.

What do the accused say? “I have 90 FIRs registered against me already, this will be 91st,” scorned Geelani. Arundhati Roy wrote another masterpiece from Srinagar (Kashmir), defending her previous less read/ heard speech in New Delhi. Her writing skills were at her best, persuading readers and governments alike to love the country by meting out justice to state’s victims. She refuted the accusation against her for “giving 'hate-speeches', of wanting India to break up.” She turned the tables saying, “on the contrary, what I say comes from love and pride. It comes from not wanting people to be killed, raped, imprisoned or have their finger-nails pulled out in order to force them to say they are Indians. It comes from wanting to live in a society that is striving to be a just one. Pity the nation that has to silence its writers for speaking their minds. Pity the nation that needs to jail those who ask for justice, while communal killers, mass murderers, corporate scamsters, looters, rapists, and those who prey on the poorest of the poor, roam free.” And there is deafening silence all over! Even among the noted nationalists!

What do you say? That is the Constitution of India. You just can’t turn a blind eye to that. When Advani of Babri Masjid, Modi of Gujarat carnage, Sajjan Kumar of Sikh murders, Bal Thakeray of Mumbai riots, Sangh of Orissa and Mangalore mayhem are let free, wasn’t there any sedition or crimes against the State?

Government backtracked, silently and quietly (though a case is filed in Delhi on 1 November). The reasoning was that, arresting Roy and Geelani on sedition charges might give them more publicity and derail the ‘fragile peace process’ set in motion through the three interlocutors.

Now comes the question which many are asking, what is this sedition? Why has it making headlines? According Oxford dictionary, sedition is any conduct or speech inciting rebellion, specially against government. Section 124A of Indian Penal Code defines sedition as “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 can be booked under sedition,” and can be sentenced to five years of rigorous imprisonment. The maximum punishment for sedition could be upto life imprisonment. In simple terms, sedition is an act of defiance against the state/ government. To ‘excite disaffection’, means to sow discontent or rebellion against government through speeches or some form of communication.

In his trial Mahatma Gandhi has clearly stated that if one had “no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote, or incite to violence.” That comes from the Father of Our Nation. One should be free to express one’s ‘disaffection’, and gag the speaker by booking under sedition! Here, Arundhati Roy’s statements have not created any unrest, rebellion, or violence against the state. So why interpret it as sedition?

The government does not consider it seditious someone peacefully making pro-independence speeches. But it has a problem with speeches made in an emotionally charged atmosphere of Kashmir, which it fears may lead to violence. Contrast that: during the general elections in 2008, Varun Gandhi declares to a charged mob, he would cut the hands of those who raise a finger against Hindus. Later, Lalu Prasad Yadav wants to run a road roller on his enemies. Many pseudo-patriot MLAs want to chase missionaries from Karnataka. None of these amount to sedition!

It has been a troublesome week for those who speak their minds freely. Unfortunately we have double standards governing our state and country. Advani, Uma Bharti, Kalyan Yadav and others’ hate speeches and criminal acts demolish a place of worship, create violence, and drive a deep communal wedge in the country which may need decades or even centuries to fill. Modi’s ghastly crimes frighten an entire state. Navin Patnaik and his saffron cronies go unpunished for their crimes against weakest of humanity. And yet none of them is punished. In stead, they enjoy power unlimited. So is the case with home-grown multi-millionaires. But a call for justice and peace by Arundhati Roy becomes sedition! It is unfortunate.


If at all what Arundhati Roy has said is unpalatable, political philosopher Voltaire can be our guide, "I disapprove of what you say, but I will defend to the death your right to say it." Today’s society has progressed much not only technologically and educationally that awareness of other individuals and groups of individuals cannot but hit our conscience. And when someone speaks for it, a state has a duty to respect and protect that freedom.

In many countries ‘sedition’ is an obsolete concept. For example, in Britain, from whom we have inherited this legal provision, the last completed trial in a sedition case was in 1947. The U.S. Supreme Court has rendered the sedition law toothless. In India too, courts are of the opinion that laws aiming to punish people for bringing a government into hatred or contempt are frighteningly broad. Hence, there is a risk of using them to suppress radical political views. It is high time that we did away with such anti-people laws.

Like the Mahatma, John Stuart Mill too, the champion of free speech, in his “On Liberty” enunciated a “harm principle.” For him the only justification for silencing a person against his will is to prevent him from causing harm to others. Meaning, the primary job of any government is to protect, and not suppress human rights.

About the Author:

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Dr Richard Rego SJ is the Director of SARANG 107.8 FM Community Radio and Head & Assistant Professor, Department of Mass Communication (MCMS), St Aloysius College, Mangalore.




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Ram Puniyani
July 20,2020

As Covid 19 has created havoc all rounds, the rulers of certain countries are using it to further intensify their set agendas. The democratic freedoms are being curtailed in certain forms, the reaction to which has come in America in the form of a campaign, which is opposing “stifling” cultural climate that is imposing “ideological conformity” and weakening “norms of open debate and toleration of differences”. In India similar intimidations have been intensified. In addition the occasion has been used by the sectarian forces first to link the spread of Corona to Muslim community and now in the name of reducing the burden of curriculum certain chapters on core concepts related to Indian nationalism are being deleted from the text books.

It has been reported that chapters on federalism, citizenship, nationalism, secularism, Human Rights, Legal Aid and Local Self Government and the like are being dropped. Education has been an important area for communal forces and they constantly keep saying that leftists have dominated the curriculum content, it suffers from the impact of Macaulay, Marx and Mohammad and so needs to be Indianized. The first such attempt was done when BJP came to power in 1998 as NDA and had Murli Manohar Joshi as the MHRD minister. He brought the changes which were termed as ‘saffronization of education’. Their focus is more on social science. Some of the highlights of this were introduction of subjects like Astrology and Paurohitya, and chapters defending caste system, nationalism of the type of Hitler was praised.

With defeat of NDA in 2004, the UPA did try to rectify some of these distortions. Again after 2014 the RSS affiliates working in the area of education have been active, interacting with MHRD officials to impress upon them the need to change the curriculum matching with their Hindu nationalist agenda. Its ‘Shiksha Sanskriti Utthan Nyas’ has been asking for removal of English, Urdu words in the texts. It has asked for removal of thoughts of Rabindranath Tagore on Nationalism, extracts of autobiography of M F Husain, references to benevolence of Muslim rulers, references to BJP being Hindu party, apology of Dr. Manmohan Singh for anti Sikh pogrom of 1984, the reference to killings of Gujarat carnage in 2002 among others. This they call as Bhartiykaran of syllabus.

As RSS is a multithreaded hydra one of its pracharak Dinanath Batra has set up ‘Shiksha Bachao Abhiyan Samiti’ which has been pressurizing various publishers to drop the books which are not conforming to their ideology. One recalls their pressuring withdrawal of Wendy Doniger’s ‘The Hindus’, as it does present the ancient India through the concerns of dalits and women. Mr. Batra has already come out with a set of nine books for school curriculum, giving the RSS view of the past and RSS understanding of social sciences. These have already been translated into Gujarati and thousands of the sets of these books are being used in Gujarat Schools.

The present step of deleting parts of curriculum which gives the basics of Indian Nationalism, secularism and human rights is a further step in the same direction. These are the topics which have made the Hindu nationalists uncomfortable during last few years. They have been defaming secularism. They removed it from the preamble of Indian constitution, when they put out an ad on the eve of Republic day in 2015. From last few decades since the Ram Temple movement was brought up, simultaneously the secular ethos of India’s freedom movement and secular values of Indian constitution have been constantly criticized. Many an RSS ideologues and BJP leaders have been asking for change of Indian Constitution for this very reason.

Secularism is part of the concept of Indian nationalism. In the name of religious nationalism, sectarian divisive nationalism they have been attacking various student leaders in particular. When we study Nationalism, the very genesis of Indian nationalism tells us the plurality of our freedom movement with its anti colonial roots. The struggle was for Indian nationalism and so the Muslims and Hindu communalists kept aloof from this great struggle against colonial masters, it was this struggle which built the Indian nation with all its diversity.

Similarly as we have equal rights as citizens the chapters on citizenship are being dropped. Federalism has been the core part of India’s administrative and political structure. As the dictatorial tendencies are becoming stronger, federalism is bound to suffer and that explains the dropping of this subject. Democracy is decentralization of power. Power reaching the lowermost part of the system, the villages and average citizens. This got reflected in Local self Government. The power is distributed among villages, cities, state and center. By removing chapters on federalism and local self government, the indications of the ideology of ruling party are on display.

While we are not dealing with all the portents of the planned omissions, one more aspect that related to dropping of chapter on Human rights needs our attention. The concept of Human rights and dignity are interlinked. This concept of Human rights also has international ramifications. India is signatory to many an UN covenants related to Human rights. The indications are clear that now rights will be for the few elite and ‘duties’ for the large deprived sections will be put on the forefront.

In a way this incidental ‘Corona gifted opportunity’ to the ruling Government is being fully used to enhance the agenda of ruling party in the arena of Educational Curriculum. The part of curriculum with which the ruling party is uncomfortable is being removed. This act of omission does supplement their other acts of commission in changing the shape of educational curriculum, which are reflected in RSS affiliates’ suggestions to MHRD regarding Bhartiyakaran of contents of syllabus. As per this the things like regarding the great epics like Ramayana and Mahabharata as History, the things like India having all the stem cell technology, plastic surgery, aviation science etc. will have a place in the changes planned by communal forces!

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

Comments

zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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