Persecution and Freedom of Expression

It is ironical that in a country where Chanakya enjoined upon the king not to torture or humiliate scholars, where intellectuals and preachers had the fullest run of freedom of expression, Hussain is living in virtual exile and Taslima Nasreen has been made to feel like a football by vacillating governments. The Indian Constitution seems inadequate in protecting the most important of the rights.

by REPORTER@DAYAFTERINDIA.COM

Firsts step taken to declare the emergency in Pakistan were to introduce curbs on right of free expression. No dictatorship is amenable to

this lethal pen power. All over the world 200 writers and journalists are in jail and 1000 writers, journalists, poets and artists have been attacked. This is the barbaric profile of our civilized world.

Indian constitution guarantees right to freedom of speech and expression yet there are attacks on journalists and harassment of editors. The anti-social political elements, State and religious bodies continue to pile barriers in exercise of this freedom. Recent case of Bihar’s journalist, who suffered at the hands of a politician don and the editor of a premier Hindi daily in Himachal, who was charged with sedition and conspiracy, are only additions to a long list of such persecution.

The freedom of expression has a long history of trials and tribulations. Many writers like Salman Rushdie and Taslima Nasreen are still under the threat of Fatwa. Manto suffered and died in legal battle. It is admirable that writers like Alberuni had the courage to write independent views even when they served a dictator like Mahmud Ghaznavi. Famous poet Faiz Ahmed Faiz was imprisoned and sentenced on fabricated case of conspiracy in Pakistan. The prison did a lot to awaken his creativity and he penned down Zindan Nama (Prison Journal) in a book, which is a milestone in Urdu poetry. Some of his verses are immortal and remain the inspiration for all those who have suffered for their courage and struggle against oppression: I quote some choicest verses to convey his feelings:

Mat-e- loh-o-Kalam chin gayee to kaya gham/ Ke Khune dil men dabo lin hain ungliyan main ne/ Zuban pe mohar lagi hai to kaya/ ke rakh di hai Har ik halk-e- zanjeer mein zuban main ne (I do not care if I have lost the power of pen I have soaked my fingers in blood of my heart So what if my lips have been sealed I have put my tongue in each link of the chains) He remained in solitary confinement and sometimes failed to get a glimpse of open sky in his cell. He turned to imagination and wrote Bujha jo rozan-e-zinda to ham ne jana hai/ Tumhari mang sitaron se bhar gaye ho gi/ Chamak uthe hain silasal to hamne samjha hai/ Ab subho tere rukh pe bikhar gaye ho gi (When they put out prison lamp I know that your parting of hair -Maang- will be full of stars When the large gates of prison shine with light I imagine that the morning must be illuminating your face) It is poignant story of a creative mind in prison with such delicate imagination and invincible fortitude.

Ghalib too had his bad times when a Daroga could oppress him as the poet had fascination for a woman who was also desired by Policeman and finally he faced the British court where his wit rescued him. When he was asked if he is a muslim; His reply was that he is half Muslim as he does not eat pork and half non Muslim as he drinks wine. In free India today M.F. Hussain the painter is virtually absconding from the country as many frivolous cases have been filed against him and he is threatened by some religious bigots. The human rights associations and intellectuals are silent and witnessing the persecution without any tangible resistance and championing the cause of freedom of expression. Writers have been fighting the state oppression over centuries in the history of mankind. Fortunately in ancient India there was the freedom of expression and faith. Varanasi was centre of debates and many religions prospered in spite of their opposing views. Buddhism flourished because of freedom to question even Vedas and it declined because another logician like Shankaracharya could revive Hindusism’s advaitva. Chanakya wrote in 4th BC that ‘Whatever be the crime a scholar should not be tortured or humiliated by the King’. This maxim was unquestioned right of preachers and writers. It helped in growth of science and arts. The result is that India showed the world best of Metaphysics, astronomy and Auruveda. Contrary to this many Philosophers and Scientists in the West suffered religious or state fury as it happened to Rousseau, Voltaire Copernicus and countless others.

In modern times democracy grew with the basic faith of this freedom and most of the democratic countries enshrined this right in their Constitutions. The greatest tragedy in India is that in spite of making one of the longest written Constitutions and imbibing the best and perhaps the worst of all, it fails to define clearly the fundamental rights. All rights are subject to conditions and conditions are interpreted by courts. The result is that every case is justiciable and courts decide what your fundamental right is. The Indian constitution in summary should have avoided long winding enunciation and simply written down “Citizens have fundamental rights as may be granted by the courts.” Writers and journalists will have to continue to struggle for this freedom.