Skip to main content

Indian laws "criminalize" difference of opinion, should be in line with UN framework: PEN International

Counterview Desk
A top world organization advocating free speech, PEN International, in a comprehensive study of Indian laws has said that the legal system of the country makes it “surprisingly easy” to silence those who disagree. Insisting that several laws either require to be repealed or urgently reformed, it says, in India, “if you disagree with something that can be said to promote ‘enmity’, jeopardise ‘national integration’, ‘maliciously’ insult religion, or foster “enmity between groups’, it is not difficult to invoke censorship.”
Insisting that Indian laws are not in consonance with UN covenants on freedom of expression, the report says, those who have sought to be silenced by using them range from top painter MF Husain, who was forced into a self-exile, cultural historian Wendy Doniger, who authored “The Hindus: An Alternative History”, Tamil novelist Perumal Murugan, who wrote “Madhorubagan” (One Part Woman), to journalists, social activists, and well-known NGOs like Greenpeace India.
MF Husain
Born in 1921, PEN – which originally stood for Poets, Essayists and Novelists, and later broadened to Poets, Playwrights, Editors, Essayists, Novelists – regrets that sections of Indian Penal Code (IPC) and Code of Criminal Procedure (CCP) are riddled with “vague and overbroad phrases” which can be used to “restrict freedom of expression, not only by governments, but by almost anyone who wishes to silence another.” PEN recently established its wing in Delhi and Mumbai.
PEN cites Section 95 of the CCP, which it says empowers state governments to seize and prohibit publications that “appear’ to violate” IPC. Then, Section 124A of the IPC which “criminalises sedition” – used by the British to silence Mahatma Gandhi – is still alive. It was recently used to “justify the harassment of several thousand protesters at a nuclear site, a situation that prompted a formal inquiry from three UN Special Rapporteurs”.
Wendy Doniger
Holding special consultative status at the UN and associate status at UNESCO, PEN’s report on India, “Imposing Silence”, released this week, says that there are sections which “criminalise defamation”, in order to “secure a conviction without proof that actual harm has occurred. Thus, only the intent or knowledge that harm would likely result is sufficient” to proceed against someone.
“Predictably, this provision has been used to silence political speech. In May 2014, the IPC’s public mischief provisions (Section 505) were used to arrest a Bangalore student who sent an allegedly offensive WhatsApp message about Prime Minister Narendra Modi”, it recalls.
Ashis Nandy
Coming to laws which it says should be repeal, PEN cites how Foreign Contribution (Regulation) Act, 2010 (FCRA) is currently being used to “lodge complaints against small NGOs who do not toe the party line.” It adds, this act was again used in April 2015, when the Ministry of Home Affairs suspended Greenpeace India’s registration, observing its activities “adversely affecting the national interest”.
In what may lead to eyebrows being raised by Dalit activists, PEN takes exception to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which bans expression that “intentionally insults or intimidates with intent to humiliate” a member of a scheduled caste or tribe.
Perumal Murugan
“Notably, the provisions apply to expression that does not necessarily rise to the level of inciting hatred, but simply requires the intention to humiliate”, PEN says, giving the example of how noted sociologist Ashish Nandy was sought to be intimated in 2013 for his speech at a Jaipur literary festival, where he said “most of the people getting caught in corruption charges belong to marginalized sections.”
The report objects to the Unlawful Activities (Prevention) Act (UAPA), which has been used to prosecute a woman found with ‘Maoist leaflets”, even though, in a separate case, the High Court of Bombay held that the possession of propaganda from a banned organisation was not sufficient proof of membership. Local human rights groups report that the Act has been used with ‘fabricated evidence and false charges’ to detain and silence peaceful activists.”

Comments

TRENDING

Economist-editor's allegations on Narmada defamatory, baseless: Medha Patkar

Counterview Desk  In a reply directly addressed to well-known economist, journalist and columnist Swaminathan S Anklesaria Aiyar’s two articles in the Times of India (republished here and here ), calling them defamatory and wondering whether they were borne out of “ignorance or a conspiracy through political alliance”, Narmada Bachao Andolan leader Medha Pakar has said that the Narmada Sardar Saravar Project and the people's movement by adivasis, farmers, labourers, fish workers, potters and all the generations’ old communities from the river valley have suddenly come to be focused on, since the Gujarat elections are in the doorstep. She believes that while the “defamatory accusations with baseless conceptions such as ‘urban naxals’ are to be laughed at as the electoral strategic moves, one gets shocked to read the articles by a known old columnist like Swaminathan Ankalesaria Aiyar, published in a reputed daily like the Times of India." According to her, Aiyar’s two articl

Corporate-political party nexus? Rise and rise of Gautam Adani under Modi regime

By Sandeep Pandey*  In last five years Rs 10,09,510 crore taken as loans by various companies from banks in India have been declared as Non Performing Assets, an euphemism for writing them off. Out of this State Bank of India alone wrote off Rs 2,04,486 crore. Only about 13% of the total written off amount was recovered. Identity of the defaulting borrowers, most of whom are influential corporates, is not revealed. Compare this to the loans taken by farmers. The names of defaulting farmers is displayed on walls in tehsil offices to shame them and some unlucky ones also land up in lock-ups there. On the contrary, a few corporate defaulters have fled the country and quite curiously the authorities didn’t seize their passports like they do with some dissenting intellectuals or activists booked under mostly false cases. Now consider the donations received by political parties in the form of electoral bonds. The identity of the donor need not be revealed even to the Election Commission or i

Facing tough times, Rajasthan's Raika herders hold first-ever camel cheese festival

By Rosamma Thomas*  During the pandemic, the annual Pushkar camel fair in Rajasthan did not occur for fear of contagion; in 2022, it was called off again as lumpy skin disease affected cattle. At Sadri in Pali district, however, festivity continues – a two-day Camel Cheese Festival was held on November 23 and 24, 2022. Visitors spent time with the camel herds and their Raika, drank camel-milk tea with the herders and then returned to lunch at the Kumbhalgarh Camel Dairy, from where the Kumbhalgarh Fort is visible, to taste camel cheese. The Raika herders have been facing a tough time – camels are no longer used as much for transport or agriculture in Rajasthan. The animals have limited utility, but their milk is prized. Camel Charisma, the dairy at Kumbhalgarh, sends camel milk across the country to people who use it in therapy – for autistic children, improved blood sugar levels, or even to treat cancer. It is believed that the health benefits of the camel milk is because the animals

'Extremist' US Hindu global group funding hate against Indian Churches: NGO groups

Counterview Desk  As many as 14 civil rights and faith-based organizations in co-signing a letter to the US Senators, Representatives, State Governor, and other elected officials have demanded the FBI, Internal Revenue Service (IRS), and Department of Justice should investigate into Texas-based organization Global Hindu Heritage Foundation (GHHF) a fundraiser campaign for demolishing churches in India. Co-signed by Federation of Indian American Christian Organization in North America (FIACONA), North American Church of God, Southern Methodist University (SMU) Human Rights Program, Amnesty International - Dallas, World Without Genocide, Center for Pluralism, Genocide Watch, The Indian American Muslim Council (IAMC), Limitless Church, Justice for All, Hindu for Human Rights, North Texas Peace Advocates, Good Citizens of DFW, and the North Texas Islamic Council, the letter has been sent to Senators John Cornyn and Ted Cruz; Representatives Michael C Burgess, Pat Fallon, Van Taylor, Terr

Carbon abatement to tackle climate change: India's failure has 'outpaced' its success

By Satorupa Karmakar*  On November 01, 2021, India took a pledge of reaching a carbon-zero stage by 2070, at the COP-26 held in Glasgow, UK. As ‘ambitious’ and dubious it may sound to some, with a short-term delay in renewable energy generation (which gained the pace post-September 2020) and drastic fall in greenhouse gas (GHG) emission level as COVID-19 emerged as a ‘necessary evil’ , the path of India’s clean energy mission could be seen being paved throughout this time. Currently ranked as the third largest GHG emitter in the world, India is projected to demand more energy in coming years due to a large population base (1.3 billion as per 2011 Census data) and primarily coal-based fast-growing economy. Rapid industrialisation in post-colonial developing countries like India, stimulated by a larger and cheaper pool of fossil fuels and labour-force depicted a continuous upsurge in temperature, heavy precipitation in some places with an overall declining rainfall and a burgeoning soc

BJP-RSS trap opposition in 'futile row' around Savarkar, freedom movement

By Prem Singh*  Everything in this article is just a repetition. I have been saying all this since 1991-92. It is obvious that the Congress and the RSS/BJP do not like my ideas. But most socialists, advocates of social justice and communists also dislike my thoughts. I watch their measures and efforts to deal with the present crisis with interest. I respect them and also participate. Yet, the fact it, we fall behind again and again, and the crisis goes ahead. Instead of being a solution-providers, we are seen to be a part of the crisis. How long will this last? Perhaps, if the new generation thinks differently, things may turn for better! 1 To say that modern Indian society and politics are passing through the deepest crisis ever will surely be a repetition. The crisis is deeper than the spreading of communal hatred we witness around us. In fact, the business of communal hatred is flourishing by taking its manure and water from the deep crisis. The crisis of neo-colonial slavery is pro

Demand to withdraw 'anti-environment, anti-adivasi' forest conservation rules 2022

By Gopinath Majhi*  The Campaign for Survival and Dignity (CSD), Odisha, a coalition of adivasis and forest dwellers’ organisations, has sent a memorandum to the Ministry of Environment, Forest and Climate Change (MoEFCC) raising serious concerns over Forest (Conservation) Rules, 2022, notified by the Centre on June 29.  Contending that recent amendments and a host of executive orders/guidelines issued by the ministry undermine and dilute the FRA and threaten the rights of adivasis and forest dwellers, CSD demands that the 2022 FC Rules should be rescinded forthwith. Demanding withdrawal of such anti-people and anti-environment rules CSD Odisha organised a protest Dharana in front of State Assembly today on 25th November 2022 and submitted memorandums to the Hon’ble Governor of Odisha, Chief Secretary and Commissioner-cum-Secretary, ST & SC Development Department for conveying our concerns against the FC Rules 2022 to the Central Government for its withdrawal. The memorandums w

GM mustard not swadeshi, it's a patent of MNC Bayer, GoI 'misleading' SC: Modi told

Counterview Desk  In a representation to Prime Minister Narendra Modi, as many as 42 farmers’ organisations though their representatives , backed by senior scientists and experts, have said that the Government of India (GoI) should stop misleading the Supreme Court “with untrue and incorrect” statements on GM mustard. Insisting that India does not need unsafe GM mustard, in their representation, they urged the Supreme Court to order immediate uprooting of GM mustard crop in various locations. The representation comes even as a penal of experts, coming down heavily on the GoI for refusing to see how in less than a week’s time the pollen from GM mustard will “start contaminating” non-GM mustard fields with transgenes, including male sterility and herbicide tolerant traits. Alleging that the GoI is actively misleading the Supreme Court with untrue and incorrect statements on GM mustard, Kavitha Kuruganti of the Coalition for a GM-Free India said, “We can list at least five areas where Gov

Shedding Hindu-Hindi-Hindustan? New Modi-Shah love for Tamil Nadu 'ignores' Periyar

By Sandeep Pandey*   The Rashtriya Swayamsewak Sangh (RSS) or the Bhartiya Janata Party (BJP) have long argued for ‘Hindu-Hindi-Hindustan’, which into recent years has translated into a crisper English expression: ‘One Nation-One Religion-One Language’. Given this backdrop, it is curious that the BJP government has organised the Kashi Tamil Sangamam in Varanasi, the Prime Minister’s constituency. Why did the BJP and RSS feel the need for such an event? All Narendra Modi events are highly publicised and have multiple political objectives. It is never an innocuous religious/cultural event as it may appear from the face of it. Afterall, RSS calls itself a cultural organisation, but has never ceased to surprise us with its political designs. Tamil Nadu has a long history of opposing imposition of Hindi by Union governments. Periyar EV Ramasamy had opposed the idea of compulsory teaching in Hindi as far back as in 1937. The 1960s witnessed violent protests against Hindi in which a number

Never-ending saga of sin tax: What if murder is taxed at Rs 1 crore, rape at Rs 5 crore?

By Moses Raj GS, Sangeetha Thomas*  What should have ended by June 30, 2022 as a 5 year experiment has resurfaced. The government has extended the levy of GST compensation cess by another 4 years till March 31, 2026. This cess, dubbed as the sin tax imposed on sin(ful) goods, is double the highest slab on indirect taxes. But only a few pay for it and the majority benefit, unendingly. The year 2017 is a landmark year for indirect taxes. With the grand idea of ‘One Nation, One Tax’ as a fiscal slogan subsuming all State based taxes such as octroi /entry tax, Value Added Tax (VAT), sales tax, taxes on lottery, betting and gambling, luxury tax, purchase tax, entertainment tax, property tax, professional tax and central sales tax into a single framework of Goods and Services Tax (GST) changed the contours of revenue collection. Complicating it further, India, with each State having its own size and revenue problems, has the most complex and highly centralised indirect tax structure in the w