Friday, November 30, 2012

Freedom of Expression!



"Take again section 124A of Indian Penal Code" Jawahar Lal Nehru said. "Now as far as I am concerned that particular section is highly objectionable and obnoxious and it should have no place in an body of law that we might pass" Unfortunately it remains in the statute book and is used time and again by those who are  powerful and wealthy. Article 124a of the Indian Penal code states that whoever  by words either spoken or written or by sign or 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 shall be punished with imprisonment to which fine may be added.

The million dollar question here is that how does one define sedition ? Prior to independence Mahatama Gandhi was arrested on charges of sedition by the British Government. He even said"Affectation cannot be created or regulated". The Indian Constitution believes that people in India have the right to express their concern and protest against what they find unacceptable. If the protestors are slapped with the charges of sedition for expressing their concern or rejecting a belief it defeats the purpose of democracy outrightly.
In the present scenario the charges of sedition are being slapped on cartoonist and individuals who voiced their opinion on internet.The incarceration of cartoonist Aseem Trivedi for incitiing disaffectation is bizzare. Some of his cartoons might have been of bad taste but nowhere they incite disaffectation.The arrest of cartoonist Binayak Sen affirms that our politicians need to learn how to take humour in good taste. The businees of the cartoonist is to use an established image and add his personal opinion to it.
The misuse of the law does not limit itself to journalist or cartoonist . Even the bourgeois has not been spared.The incarceration of two women from Mumbai for their comment on Bal Thakery is latest in the incidents.The comment did not criticize Mr. Thakrey or his supporters .It just expressed it's displeasure over the fact that a bandh had been observed on he death of Mr Thakrey.This remark was neither derogatory nor seditious but the complaint filed against the girl said that the remark had hurt religious sentiment. Well if this is the case then any remark made by anyone could hurt anybody's feeling .Then it all boils down to one simple thing that we are not allowed to comment or express our disapproval of  anything related to an iconic figure.
The updated rules for the cyber cafe make it difficult for them to operate as they have to see that it is not used for illegal activities.Certain abstract terms such as "obscene " are left to the interpretation of the user .The internet companies are being asked to screen the material being posted by the users.Considering the number of users of internet in India this seems to be an impossible task.The companies have been asked to shift their servers to India so that they can be effectively monitored.Such efforts try to control and restrict the innovation in internet . It controls the growth of internet.India is one of the biggest democracy in the world and in a few years the number of internet users would surpass those of USA hence we must be a model for others to follow. If we continue to restrict freedom of speech other countries would see it as a precedent to carry out their actions.


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