Open Forum
New Delhi, 19 September 2012
Trivedi Case: Nuggets
of Wisdom
MAKING MOUNTAIN OF MOLEHILL?
By Syed Ali Mujtaba
There are
few nuggets of wisdom that cartoonist Aseem Trivedi’s arrest for sedition and
subsequent release following public uproar raises which need to be discussed.
As taking sides could prove contradictory and difficult.
One way
would be to follow the conservative position that anyone who dishonors the Constitution
and national emblem is guilty of misconduct. There is nothing bigger for the
country than its national symbols and any attack on the nation’s foundation
cannot be tolerated.
This is
the same argument that Muslims are advancing against world-wide protests over the
trailer of the film ‘Innocence of Muslims’ today. We saw similar Muslim unrest
against Danish cartoons lampooning the Prophet earlier. Muslims vowed that certain
symbols are sacrosanct and there sanctity should be respected along-side caricatures
smacking of bad taste should be avoided.
Recall, an
identical case was made out against late painter MF Hussain for drawing
controversial images of Hindu gods and goddesses. The Picasso of India had to
face the wrath of hurting Hindu feelings and was compelled to live in exile
till his death.
The case
of Bengali writer Taslima Nasreen too falls in the same bracket. Her
anti-Islamic writings invited the wrath of Bangladeshi Muslims forcing her to
live in Kolkata but she defied her guest status by her anti-Islam writings.
Compelled to leave India she
sought exile in Sweden
which granted her citizenship.
Pertinently,
all these cases have one dominating theme: Conservative versus liberal position on freedom of speech. The rationalist wants
societies and nations to take a liberal stand on sensitive issues like
nationalism and religion. They argue, when the ‘world has become flat’ and
globalisation the order of the day, people cannot be regulated under the
fetters of religion or nationalism.
Besides,
as freedom of speech is a fundamental right such freedom should not be
regulated. Culminating in an appeal to conservatives to refrain from becoming
hyper on such issues and accept creative work with a broad smile.
Undeniably,
it is very difficult to take positions on such issues without hurting
sentiments one way or the other. In the end, it is best to leave it to individual
judgment.
Moreover, the
other issue Trivedi’s case raises are our sedition laws and whether these are valid
in independent India.
Some argue that the sedition law was Britain’s legacy and should be
scrapped. Given that sedition charges can only be slapped in political cases
which do not apply in Trivedi’s case. Thus, his arrest under non-bailable
clauses was flawed.
Even as
lawyers dissect the pros and cons, the basic question remains: Was Trivedi’s
arrest right? According to the Mumbai police it acted on specific complaints
and after investigation found that Trivedi had erred, deserved to be arrested
leaving it to the court to decide his innocence.
This raises
another question: Why was Trivedi released swiftly? Perhaps, our Administrators
acted due to intense public and media pressure. Alternatively, the longer
Trivedi remained jailed; he would unnecessarily attract mileage which he might
not deserve.
Not a few
wonder whether Trivedi’s cartoons were deliberate. To create controversy, take
refuge under the cloak of freedom of expression and derive mileage. Remember, Salman
Rushdi’s controversial novel ‘Satanic Verses’ with its anti- Islamic tone which
masqueraded under the garb of a novelist’s flight of imagination.
All in
all, as history and Trivedi’s case illustrate, not a few ‘nobody’s’ take
recourse to this age-old method of yelling curtailment of their basic to right
to freedom of expression, seek publicity by courting controversies thereby
becoming instant celebrities.
Last but
not the least, the debate between conservatives and liberals over the freedom
of expression issue is hackneyed. While liberals want the conservatives to
leave accept their point of view, conservatives want liberals to refrain from
being iconoclast and refrain from disturbing social harmony. Whether this is
making a mountain of a molehill or vice-versa, the debate over who wins and loses
remains inconclusive. ---- INFA
(Copyright,
India News and Feature Alliance)
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