Freedom of Expression and Liberty

Editorial

The Indian Constitution guarantees its citizens several fundamental rights, personal liberty, freedom of speech, and religious freedom, among others. There’s no dispute that every human born on this planet should be free. Each individual should have the right to live independently. However, this freedom must not infringe upon the rights and freedom of others. One cannot assert his/her liberty by trampling on someone else’s. This would be a misuse of freedom, and such misuse must be dealt with strictly under the law. Every Nation has such provisions. No one is allowed to act recklessly in the name of liberty, and India is no exception.

Despite this, a disturbing trend has taken root in India, where religious faiths, sects, castes, and individuals are mocked in the name of freedom of expression. It is crucial to ask : ‘Does my expression hurt someone else’s sentiments ?’ Besides this, the ability to express principled and composed dissent against what is wrong is equally vital. If someone infringes upon even this right to expression, then they too are in the wrong. Such infringements are taking place in this country, and some actions are being taken under the law.

Today, films, plays, books, poems, advertisements, artworks, and other mediums are being used to mock religions and individuals under the guise of freedom of expression. In the past, such mockery was often ignored as ‘expression’, especially when it came to Hindu Dharma. But in the recent years, Hindus have awakened and started resisting these anti-Hindu expressions. The case of anti-Hindu artist MF Husain is a prime example. MF Husain repeatedly portrayed Hindu Deities in obscene postures and nude. Hindus, through lawful protests, compelled him to flee the country. It’s important to note that the then Congress Government supported him and allowed him to escape.

Following this, similar defamation of Hindu Dharma in films, theatre, and advertising began facing resistance, and Hindus succeeded in getting such content withdrawn. Even defamation of political leaders and national figures is now facing increasing opposition. While protesting, it is vital to follow legal channels. In contrast, some communities take the law into their own hands and chant ‘Sarr Tan se Juda’ (Decapitation) slogans or act violently, which is not only seen in India but globally. These tendencies must be countered with strict legal action, although that’s not always the case. When the public demands action against such expressions, the Police, administration and Government must act swiftly. Failure to do so leads to public unrest and undesirable incidents, something we’ve already witnessed.

Need for Legal Clarity

We now live in an era dominated by social media. Through these platforms, numerous thoughts and visuals are shared, and often, someone’s sentiments are hurt, prompting reactions.

In Bangladesh, false allegations of blasphemy against Prophet Muhammad, Islam, or the Quran have led to brutal killings of Hindus, and such incidents continue. Frequently, while personal insults are protested, insults to religion and Deities are ignored, especially when political figures are involved. While laws against such defamation exist, their implementation and severity of punishment are negligible, if not entirely absent. It is time for the Government to enact a stringent law to address these so-called ‘expressions’. Pakistan, for instance, has a blasphemy law under which defamation of Islam or the Quran is punishable by death.

India too must enact strict laws that punish blasphemy and defamation of National figures and individuals. There are people in this country who demean Chhatrapati Sambhaji Maharaj and glorify Aurangzeb. Such individuals must also be brought under this law. Fear of punishment and swift action under the law are globally recognised deterrents. While there are exceptions, and some will still commit crimes and get punished, having a law is essential.

Against this backdrop, a so-called ‘stand-up comedian’ Kunal Kamra recently targeted Maharashtra Deputy Chief Minister Eknath Shinde through a sarcastic poem. Angered by this, Shiv Sainiks lodged a Police complaint and vandalised his studio. Police are currently investigating the case. Kamra has not been punished, and he has refused apologise.

This situation demands a renewed understanding of freedom of expression. What may seem humorous or harmless to one may deeply hurt another. It is important to consider the intent behind a joke and how the affected person might perceive it. Hence, clarity around freedom of expression is urgently needed. Amendments must be made to the Constitution to bring about such clarity. All political parties should support this demand for reform. This will help the public understand the boundaries of the law, and simplify the enforcement process for the Police and Courts.

Today, films and other mediums are being used to mock religions and individuals under the guise of freedom of expression !

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