RTI shames CM

The Andhra Pradesh Chief Ministed had indeed given his consent to a Government Order detrimental to free speech, which he had claimed to be ignorant of. This was revealed in the file notings obtained through an RTI application.

Hate Speech

V Venkatesan discusses the hate speech provision, s. 295A of the IPC and its evolution. In requiring 'deliberate and malicious intention', the bar was sought to be set high. But, as recent events demonstrate, does this provision increase rather than decrease religious strife?

Baroda and free expression

The Baroda arrest has sparked a debate on the value of freedom of expression and the place of art in society. Pratap Bhanu Mehta explains that the entire point of having a freedom of expression is to protect speech that might offend - this should not be restricted to 'art' alone. Amit Chaudhury explains the art-work in question and why it should be protected.
Arun Jaitley, on the other hand, argues for punishing blasphemy.

High Court reverses book ban

The Bombay High Court has set aside the Maharashtra government order banning James Laine's book on Shivaji. The full text of the order can be found here.

Moral police out and about

Moral policing of artistic expression has grown nasty again. First, a Catholic Church run mass communications college in Kottayam expelled five students for making a film on homosexuality. Then, in Vadodara, two students were arrested by the police on charges of obscenity at the instigation of a local BJP leader for painting Hindu deities in nude. A protest organised by fellow students to showcase the erotic in Hindu culture came under attack. The Dean of the Arts Faculty, who stood by the right of the students to self-expression, was suspended by the University!

The provisions of the IPC which allow draconian powers to the police to stifle speech are these:
Section 153A: Promoting enmity between different groups on grounds of
religion, race etc, commiting acts prejudicial to the harmony of the public

According to the section whoever by words or expression promotes enmity
between different groups of the country on the grounds of religion,
race, place of birth, residence, language, or any such grounds or
commits an act which is prejudicial to the harmony of he public is
culpable under the section with imprisonment which may extend to three
years with or without fine. Further, when the offence is committed on
any religious place or any place worship the imprisonment can extend to
5 years with or without fine. The offence is non-bailable and even
cognizable (after 1898) ie. Police can arrest a person under the section
without warrant.

Section 295: Injuring or defiling place of worship with intent to insult
the religion of any class

Whoever destroys, damages or defiles any place of worship, or any object
held sacred by any class of persons with the intention of thereby
insulting the religion of any class of persons or with the knowledge
that any class of persons is likely to consider such destruction, damage
or defilement as a insult to their religion, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

Section 295A: Deliberate and malicious acts intended to outrage
religious feelings

Deliberate and malicious acts, intended to outrage religious feelings or
any class by insulting its religion or religious beliefs 295A.
Deliberate and malicious acts, intended to outrage religious feelings or
any class by insulting its religion or religious beliefs.

Whoever, with deliberate and malicious intention of outraging the
religious feelings of any class of citizens of India, by words, either
spoken or written, or by signs or by visible representations or
otherwise, insults or attempts to insult the religion or the religious
beliefs of that class, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or
with both.

Section 114 is about abetment and presence when any crime is being
committed.

Hussain's harrassment

This editorial laments the use of the criminal process to harrass M.F. Hussain. The latest order from the Haridwar court to attach his property has, however, been stayed by the Supreme Court.

Book ban to uphold public order ok - SC

The Supreme Court has reiterated that a government can validly ban a book to preserve public order.

Temples under RTI

Temples in Goa will be covered by the Right to Information Act.

SC judge wants contempt power clipped

Justice Katju of the Supreme Court wants the power of the court to punish for its contempt to be limited to extreme cases where the functioning of the court would become impossible.

Trial by media

The Law Commission has recommended a law to gag the media to prevent 'trial by press' of those accused in a criminal trail, although the Law Minister has disagreed, saying free press usually helps uphold the rule of law.

SC allows Patwardhan film

Doordarshan's decision to not show Anand Patwardhan's 'Father, Son and Holy War' was set aside by the Supreme Court.

Bombay High Court moral policing

The Bombay High Court has taken it upon itself to sanitise cable tv.

Amendments withdrawn, RTI still under attack

After the government failed to carry the amendments to dilute the RTI Act, other ways are being employed to weaken the legislation.

RTI amendment dropped

The government has dropped the controversial amendment that would have diluted the Right to Information Act that came under severe criticism. Arun Jaitley argues that the amendments would have been unconstitutional.

Broadcast Bill withdrawn

The government has withdrawn the Broadcast Bill that would have curtailed free speech. It will now initiate dialogue with the media to address the concerns.

Nuts and bolts of the Information Act

The initial implementation of Right to Information Act might cause a little trouble - given the massive infrastructure it envisages in such limited time frame. One only hopes that these initial pains are overcome soon.

Ban on smoking in flims - the compromise

The compromise reached between free expression and smoke ban on films advocate allows smoking to be shown only in rare situations such as treatment of historical personalities known to smoke, and period films.

Media reach

The print media is reaching more villagers than ever before. The latest National Readership Survey, 2005 found Dainik Jagaran and Dainik Bhaskar to be the highest selling dailies. It might be time for the 'progressives' to begin to engage with the vernacular press.

Right to Information - Indian law and SA experience

Sidharth Narrain has written a very good article on the legal position under the new Right to Information Act. Probably one of the first uses of the new legislation should be to ask for the disclosure of the reports of the innumerable Commissions of Inquiries set up by various state and central governments, whose reports were never made public for political reasons. That option now seems to be foreclosed because the new law overrides all previous laws, therefore including the Commissions of Inquiry Act, which gave the government the power to refuse disclosure. The story on the use of the right to information in South Africa, which is the only country to grant it as a constitutional right, is also interesting. The crucial difference in South Africa is that the right is available against private companies as well.

Religious freedom?

The United States is debating a Freedom of Religion statute which seeks to muzzle criticism of religions in the name of upholding non-discrimination. Similar issues were raised against the Indian Communal Crimes Bill. There is a difference between discriminating against a person on the basis of her religious/non-religious beliefs and allowing free democratic debate on the ideas upheld by these groups. One cannot claim protection of ideas and censor dissent.