Article 19(1)(a) of the Constitution of India states “All citizens shall have the right to freedom of speech and expression;” appropriately topical, in view of the flowery, irrelevant speeches on the recently “celebrated” Constitution Day. It is guaranteed not only by the Indian Constitution but also by various international statutes like the Universal Declaration of Human Rights, and the European Convention on Human Rights and Fundamental Freedoms. Justice Krishna Iyer stated, “This freedom is essential because the censorial power lies in the people over and against the Government and not in the Government over and against the people.”
Courts have on many occasions risen to the defence of this right. In response to a petition to deny clearance to a Tamil film because it would lead to violent protests, the SC asked “What good is the protection of freedom of expression if the State does not take care to protect it? That would be tantamount to a surrender to blackmail and intimidation”. In response to a petition to ban Salman Rushdie’s book “Sunrise Over Ayodhya” Justice Verma of the Delhi HC said “Nobody asked them to read it”. When advocate Choudhary, representing the petitioner, persisted saying that parts of the book referring to Hindutva must be removed, Justice Verma said “Ask people not to buy the book or read it. Otherwise, people who are very incensed with Chapter VI should write their own piece” if the book is “badly authored”. The advocate claimed that the book violated Article 19(2) of the Constitution. The Judge countered “Article 19(2) of the Constitution, empowers the government to place reasonable restraint. The government has not placed any restraint on the publication”.
It was claimed that the book had caused a breach of peace. When challenged to give examples, the advocate replied “it may be possible”. Such were the comically whimsical arguments by a learned advocate defending meritless, illegal censorship before a HC Judge, in public forum.
Unfortunately, it doesn’t stop there. Kunal Kamra, a stand-up comedian, recently announced that his Bangaluru shows spread over 20 days had been cancelled. He caustically added “threats were made to shut down the venue if I were to ever perform there. I guess this is also part of the Covid protocol”. Permission had been denied for an audience of 45 people in a theatre that could accommodate far more. Referring to similar treatment meted out to Munawar Faruqui a few days earlier, he remarked that “we can find solace in the fact that the ruling class is at least trying to oppress equally.”
In the case of Faruqui, also a stand-up comedian, the treatment was even more outrageous. A BJP MLA’s son, Eklavya Singh Gaud from the “Hindu Rakshak Sangathan” filed a complaint that Faruqui had cracked jokes against Hindu gods and goddesses and made fun of Amit Shah at a show that was yet to be held! The police booked him under Section 295 of the IPC for hurting religious sentiments, even as they themselves admitted that they had no evidence against him. Yet the Indore HC saw fit to jail him for a month, denying his bail applications twice. The SC eventually granted him bail, but he continued to face hurdles created by the Indore authorities. He was released only when they were threatened with contempt of SC. Till date, a year after the incident, no chargesheet has been filed. His shows were cancelled by the police, because “they were banned in many states”. Totally false; they were never banned, but cancelled because the police refused permission on the grounds that they posed a law-and-order problem.
The very guardians of law and order abdicated their responsibility to maintain it, after the Bajrang Dal threatened to burn down the venues if the shows were permitted. And this was not just in BJP ruled states like Karnataka, but also in Congress ruled ones like Chattisgarh. He was scheduled to perform in Panjim, but the show was cancelled following a complaint by the Hindu Janajagruti Samiti to the North Goa Additional Collector; ignoring the fact that Goa has a tiatr culture that thrives on jokes based on real life situations. He eventually posted on social media, “hate has won, artist has lost. I’m done. Goodbye. Injustice”. All the more unfortunate because part of the proceeds was slated to be donated to Shakthidhama, a women’s welfare organization.
Such issues are riddled with hypocrisy. When stand-up comedian Agrima Joshua joked about the Shivaji statue in the Arabian sea, she was threatened with rape. Yet when Kangana Ranaut claimed that India attained independence only in 2014, when Modi came to power, there was no such outrage. It went “unnoticed” that the comment also denigrated the Vajpayee government; a leader who stood taller and certainly commanded far more respect than any of the current crop. Vir Das’s Emmy-nominated monologue in Washington DC earned him the wrath of the BJP home minister of MP, who declared him persona-non-grata. Even Abhishek Singhvi of the Congress joined in to say he vilified the nation in front of the world. All because he quipped “we take pride in being vegetarian, yet run over farmers who grow those vegetables.”
Such trends do not bode well for a country that claims a seat at the high table of democracies internationally. We must learn to laugh at ourselves the way the Brits do, and backtrack from such paranoia. The authoritarian brute majority should be put to more constructive use.
(The writer is a founder member of the VHAG)
