• L.S. Herdenia

Not only the Supreme Court of the country, but also many high courts, many newspapers, many experts in the constitution and judicial fields, and even institutions committed to human rights and freedom of expression in various countries of the world believe that the freedom of speech and expression in the country is being curbed since a past few years. It is also recognized that various tactics are used to intimidate, to threaten and to terrorize those who speak, write or conduct any kind of campaign or movement against the ruling political party at the center. These tactics include raiding on pretext of economic issues against the critic, registering money laundering cases against such people, accusing them of treason, if such a person is the publisher of a newspaper, then denying him the government advertisements etc.

The charge of treason against such people is leveled without any basis. This is also accepted by Mukul Rohatgi. Rohatgi has been the Attorney General of Narendra Modi’s government and has handled many important cases on behalf of the government, including the case of ‘Teen Talaak’. He has also been the Additional Solicitor General at the time of Atal Bihari Vajpayee’s Prime Ministership. In an interview given to the Indian Express (dated March 01), he said that accusing Disha Ravi of treason was completely wrong. Suppressing disagreements by adopting such cheap tactics is a completely anti-constitutional act. Rohatgi said that the ‘Law on Sedition’ is a product of the British Empire. The British used this law against people who tried to overthrow the empire with the help of violence. In the case of Disha, there was no evidence that she used violence to overthrow the government. This was a ‘trigger happy’ move by the police. This kind of action to suppress disagreement and freedom of expression is completely anti-constitutional.

Similar charges were also leveled against Dalit girl Nodeep Kaur. She has been struggling for the rights of industrial workers for a long time. She was not only arrested but was also assaulted by the police. She said that she did not expect that she would get so much support at the national and the international level.

The trend of arrests without any solid base has increased rapidly over the years. Several articles have been written expressing concern over this trend.

A similar article has also been written by former Union Home Minister Shri P. Chidambaram. The title of the article is “Courts sound the bell for liberty”. In his article, Shri Chidambaram mentions a historical decision given by former Supreme Court judge Late Justice VR Krishna Iyer years ago. In this decision, Iyer had said that the basic rule should be the ‘ThampasDavajRumpas’ (bail, not jail). Whatever is happening these days is the complete opposite of this. Now-a-days the investigating agency opposes the bail of the accused without any concrete reason. Due to which under trial prisoners unnecessarily rot in jails. While granting bail to Arnab Goswami, the Supreme Court Judge D.Y. Chandrachud had said that ‘Deprivation of liberty even for a single day is one day too many.’ Chidambaram further writes that now many judges do not agree with the accused party and are granting bail.

Similarly, the noted journalist Tavleen Singh writes that democracy is strengthened by disagreement. She writes that the Law of Sedition should not be used to satisfy the ego of those in power. In this context, she mentions the remarks of Judge Dharmendra Rana while granting bail to Disha Ravi. His opinion is not only remarkable and important because he used appropriate words, but it is also remarkable and important because he showed the courage to make this comment at a time when the law of treason is being used against poets, journalists, satirists and filmmakers.

Dharmendra Rana’s decision was praised by many newspapers. For example - The Indian Express wrote in its editorial dated February 25, ‘Rana’s decision could be the basis of inspiration for many courts. He did what the judiciary should do today. Rana in his decision, while referring to the decisions given by the higher courts in the past, has also said that the right of expression also includes the right to convey one’s voice to the international audience.

In another article, Shri Chidambaram has asked if it can be denied that people from different sections of society are feeling the pressure of suppression on their freedom of expression. A large section of the media has been forced to simply act like a parrot. Such an environment has been created in the society that crimes against Muslims, Christians, Dalits and Adivasis are increasing. Is it not true that Muslims are being blamed for spreading terror? Is it not true that dictatorial trends are increasing in the central government, criminal laws are being used to suppress disagreement, tax laws are being used to intimidate the opponents? Police and investigation agencies are being used without any sound basis. Is it not true that economic policies are being used to protect the interests of the rich? Can it be denied that a kind of atmosphere of fear is being created in the society?”

It is being felt not only at the national level but also at the international level that the level of democracy in India has gone down in the last few years. India ranks 140 out of 180 countries at the world level on the scale of democracy. Similarly, India ranks 111 among 162 countries on the basis of human freedom. According to the American think-tank ‘Freedom House’, India has come from 17th to 100th position.

According to a Swedish organization, the level of democracy in India is falling day-by-day. Even the media, the civil societies and the parties of the opposition have come to realize this. This Swedish institution keeps an eye on the fluctuating levels of democracy in different countries all over the world. It is headquartered in the University of Gothenburg, Sweden. The institution has said that the pressures on the freedom of the press from India are being heard and read in much greater numbers than before. Narendra Modi’s Hindu nationalist rule is responsible for the rise of such tendencies.

Author is a activist and chief convenor of All India Secular Forum