The bigger hurt
Why two HCs' observations on freedom of expression make for troubling reading
Freedom of expression is a precondition for democracy, and progress. Ideas are easily expressed through words, but sometimes more powerfully through art, as England-based street artist Banksy demonstrates frequently. India's Constitution guarantees freedom of speech and expression, with reasonable restrictions. The key word is 'reasonable'. However, two recent high court observations appear to strain the word.
At first glance, Calcutta HC's remarks for social media content creator Sharmistha Panoli, and Karnataka HC's rebuke to actor Kamal Hassan, seem indisputable. Panoli is in the dock for her alleged comments against a community, after Op Sindoor. Calcutta HC told her, 'Look, we have freedom of speech, but that doesn't mean you will go on to hurt others.' To Hassan, who has ruffled feathers by suggesting Kannada is an offshoot of Tamil, Karnataka HC said, 'You may be Kamal Hassan or anybody, you cannot hurt the sentiments of the masses.'
Effectively, both courts have said: take care your words don't hurt others. If this sets a precedent, all conversation, discussion, debate in this country will need to be convivial. Speakers, writers, artists will need to err on the side of caution not to annoy their audience. Even then, the sword of causing hurt will hang over their heads. The safest thing would be to shut up. Freedom of speech and expression is a hard-earned modern right. Italian philosopher Giordano Bruno was burnt alive for propagating the idea of an infinite universe, which offended the Church. Galileo lived his last years under house arrest for holding the view that Earth revolves around the Sun. One person's conviction is another's heresy, that's why making others' 'sentiments', opinions and feelings the test of good/bad speech is the surest way to destroy free speech.
Supreme Court recently took this view while deciding the Imran Pratapgarhi case. It said the effect of words 'cannot be judged on the basis of the standards of people who always have a sense of insecurity or of those who always perceive criticism as a threat to their power or position' and 'even if a large number of persons dislike the views expressed by another, the right of the person to express the views must be respected and protected.' Unpalatable or hostile words certainly vitiate the atmosphere, but the solution is not to pack commentators inside jails. SC has a better prescription: counter views with views.
Facebook Twitter Linkedin Email
This piece appeared as an editorial opinion in the print edition of The Times of India.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hans India
38 minutes ago
- Hans India
Pakistani army acts as custodian of ideologies, religion: Former diplomat DP Srivastava
Former Indian diplomat D.P. Srivastava stated that Pakistan's Army challenges the concept of sovereignty by acting as a custodian of ideologies and religion, rather than focusing on national frontiers like the military forces of other nations. Srivastava also slammed the radical Islamist ideology in Pakistan, which pits the nation against its neighbouring countries, including India. In an interview with IANS, the former diplomat also talked about Pakistani Army's Field Marshal General Asim Munir's April 16 speech, just days before the Pahalgam terror attack, in which 26 innocent people lost their lives at the hands of terrorists belonging to The Resistance Front (TRF), an offshoot of Pakistan-based terror outfit Lashkar-e-Taiba. He hailed Operation Sindoor and said that it reflected a major shift in India's security doctrine. He also commented on Prime Minister Narendra Modi's G7 invite. The following are the excerpts from the interview: IANS: Could you tell us something about your book "Pakistan -- Ideologies, Strategies and Interests"? D.P. Srivastava: My postings took me to Karachi, Pakistan, and the early 1990s. I dealt with Pakistan, among other issues, in the UN division of the Ministry of External Affairs for eight years in the '90s, and during this, I dealt with Kashmir talks to the Pokhran nuclear test and Kargil. The inspiration for the book came from my posting to Karachi, where I heard the phrase 'Nazaria-e-Pakistan', which means the ideology of Pakistan. This is the very phrase used by Gen Munir, who mentioned this in his speech on April 16, days before the Pahalgam terror attack. My book traces the interpretation of ideology and elite interest in the making of Pakistan's domestic and foreign policy. IANS: What is the ideology of Pakistan? Gen Asim Munir mentioned "superior ideology" and the two-nation theory in his speech on April 16. What is this ideology? D.P. Srivastava: The ideology of Pakistan remains vague due to various influential factors within the country. In 1972, two provincial governments were dismissed, and the principal opposition party, the National Awami Party, was banned after the Supreme Court of Pakistan stated that the party was contrary to the ideology of Pakistan. Notably, this occurred before the formation of the country's new constitution, indicating that the ideology preceded the Constitution in Pakistan. There are different views of what this ideology is. Iqbal, who is known as the best explainer of Pakistani ideology, said that in Islam, religion and state are integral to each other, so he ruled out the idea of secularism, and he also opposed the idea of nationalism. Iqbal also stressed the concept of Umma, which is pan-Islamism, and these are the concepts at the root of Pakistan's current trouble where the jihadi groups do not accept the supremacy of the Parliament, the sovereignty of which, is also challenged by the Army. The jihadi philosophy has always pitted Pakistan against its neighbours, including, what they call "the Hindu India, Shia Iran, and Sunni Afghanistan". IANS: What is the mindset of the Pakistan Army? D.P. Srivastava: To understand the mindset Pakistan Army, one should go back to Gen Asim Munir's April 16 speech, where he reminded his Pakistani audience that they belong to a superior ideology. What is this ideology, one may ask? (Former Pakistani President) Ayub Khan described it as Islam. It is very strange that the Pakistani army chiefs talk about ideology and Islam. In other nations, the armies protect the national frontiers, while in Pakistan, the army has become a custodian of ideologies and religion. Seems like Gen Munir has assumed the priest and a general. The Pakistani army has institutionalised its role in the running of the government, where the civilian parties have taken the backseat. This mindset is also reflected in the neglect of socioeconomic indicators. Pakistan's army regards itself as the state, and it has this mindset has led to excessive defensive expenditure to the neglect of economic indicators. IANS: How do you see Operation Sindoor? Is it part of a larger strategic shift in India's security policy against Pakistan-sponsored cross-border terrorism? D.P. Srivastava: Operation Sindoor represents a strategic shift in India's security doctrine, as the Prime Minister has underlined. Pakistan has used the threat of escalation to the nuclear level in the case of India's conventional response to subconventional threats like terror attacks. This time, however, there was no statement from the Pakistani side about nuclear escalation during Operation Sindhoor. So Pakistan's bluff has been called, that it cannot escalate a local conflict or deter India from a military response to a terror attack, and this is a major shift in the paradigm. It also sends a message to the global community that India will exercise its right of self-defence, and we have the strength to do so. We did that in a very responsible manner. We avoided escalation. The escalation came mostly from the Pakistani side. India's initial strike was only against the terror camps. We avoided hitting any Pakistani, civil or military installation. It was Pakistan which attacked Indian Air Force bases, and that forced India to attack Pakistani military installations, and that brought Pakistan quickly to its knees. The Pakistani DGMO called his Indian counterpart, begging for a ceasefire. This message has also gone home and has been understood well by the international community. IANS: Prime Minister Modi has accepted an invitation by Canadian PM Mark Carney to the G7 Summit. Do you think this will help mend the strained India-Canada ties? D.P. Srivastava: The Prime Minister has accepted the invitation to go to the G7 summit. So the focus will be on global issues, not on bilateral relations. But, of course, when the leaders meet, they discuss the entire range of issues, and this will be a good opportunity to bring the bilateral relations back on an even keel. We had good relations with Canada, and I believe, there's a better understanding of the Indian position in the new government there, about the impact of terrorism. And, I think the new government is unlikely to use these incidents as an electoral card. So we hope that this visit will bring about a clearer understanding between the two countries.
News18
an hour ago
- News18
With AIADMK Back, Amit Shah Charts Course To Dismantle DMK In Tamil Nadu Polls
Last Updated: While addressing a rally in Madurai, Shah took a jibe at Stalin and said that Tamil Nadu chief minister rightly says that he (Shah) cannot defeat the DMK. Union Home Minister Amit Shah on Sunday vowed to end Chief Minister MK Stalin rule in Tamil Nadu and asserted that BJP is going to form a government in the state. Riding high on confidence on the back of the BJP's recent election wins in Odisha, Haryana, Maharashtra and Delhi, Shah vowed the saffron party will also be successful in defeating their rivals in Tamil Nadu and West Bengal next year, and form government. While addressing a rally in Madurai, Shah took a jibe at Stalin and said that Tamil Nadu chief minister rightly says that he (Shah) cannot defeat the DMK. This is because the people of Tamil Nadu would hand a loss to the DMK in the assembly elections next year. 'The NDA government of the BJP-AIADMK alliance will be formed here in 2026. I live in Delhi, but my ears are always on Tamil Nadu. MK Stalin says that Amit Shah cannot defeat DMK. He is right. It's not me, but the people of Tamil Nadu will defeat you," he said as quoted by news agency ANI. #WATCH | Madurai, Tamil Nadu | Union Home Minister Amit Shah says, 'The NDA government of the BJP-AIADMK alliance will be formed here in 2026. I live in Delhi, but my ears are always on Tamil Nadu. MK Stalin says that Amit Shah cannot defeat DMK. He is right. It's not me, but the… — ANI (@ANI) June 8, 2025 At the starting of his address, Shah apologised for not knowing Tamil, which he described as 'one of the greatest languages." 'I apologise to my BJP workers of Tamil Nadu as I cannot talk to them in one of the greatest languages of India – Tamil," he said. The Union Minister further demanded the Staling government that the medical and engineering be taught in the Tamil language soon. 'I want to repeat my demand from the Tamil Nadu government that medical and engineering be taught in the Tamil language soon. PM Modi respected Tamil Nadu by installing Sengol in parliament, and I expect MK Stalin to write a letter to the PM to thank him for it," he said. Shah further launched a scathing attack on DMK saying that it crossed all limits of corruption in the last four years of its tenure. 'The DMK government in Tamil Nadu has crossed all limits of corruption. They committed a huge scam by handing over the Rs 450 crore nutrition kits provided by the Central government to a private company, and deprived the poor of food," Shah alleged while addressing party workers. He also claimed that the state government also committed a sand mining scam to the tune of Rs 4,600 crore, causing poor people of the state to buy sand at inflated prices just to help the ruling party to mint money. BJP-AIADMK Alliance After two years, the BJP and the AIADMK have formed an alliance again to contest the Tamil Nadu Assembly elections scheduled for next year. The BJP and AIADMK contested together in the 2021 Tamil Nadu elections when Palaniswami was the Chief Minister. However, the NDA lost the elections to DMK and its alliance partners, only managing to win 75 seats out of 234 constituencies. The AIADMK won 66 seats, while the BJP managed only four seats. The two parties went solo in the Lok Sabha and failed to win a single seat in Tamil Nadu. However, the BJP's vote share in the state increased significantly under K Annamalai's leadership. First Published: June 08, 2025, 18:46 IST
India Today
an hour ago
- India Today
BJP will form government in Bengal, Tamil Nadu: Amit Shah's power play in Madurai
Union Home Minister Amit Shah on Sunday launched a scathing attack on Tamil Nadu Chief Minister MK Stalin's party DMK, saying it crossed all limits of corruption in the last four years of its tenure. Addressing a rally in Madurai on Sunday, Shah also vowed that the BJP is going to form a government in West Bengal and Tamil Nadu in DMK government in Tamil Nadu has crossed all limits of corruption. They committed a huge scam by handing over the Rs 450 crore nutrition kits provided by the Central government to a private company, and deprived the poor of food," Shah alleged while addressing party also claimed that the Dravida Munnetra Kazhagam (DMK) government also committed a sand mining scam to the tune of Rs 4,600 crore, causing poor people of the state to buy sand at inflated prices just to help the ruling party to mint money. The home minister also raked up the alleged Tamil Nadu State Marketing Corporation (Tasmac) scam, claiming it cost the state exchequer Rs 39,000 crore, which could otherwise be used to build two extra rooms in every school in Tamil last month, the Supreme Court halted Enforcement Directorate proceedings into the case under the Prevention of Money Laundering Act, after hearing a plea by the Tamil Nadu government, who said it was an overreach of the central agency's powers and a violation of the Constitution."I have a long list of scams committed by the MK Stalin government, but I don't want to waste time elaborating on each one of them," Shah Shah also attacked the DMK government over last year's Kallakurichi hooch tragedy, which claimed the lives of over 60 people, alleging that their corruption resulted in the TO FORM GOVERNMENT IN TAMIL NADU, BENGALRiding high on confidence on the back of the BJP's recent election wins in Odisha, Haryana, Maharashtra and Delhi, Amit Shah vowed the saffron party will also be successful in defeating their rivals in Tamil Nadu and West Bengal next year, and form a government."The NDA alliance of the BJP and the AIADMK is going to form a government in Tamil Nadu next year. I understand the pulse of the people and can say that the people of Tamil Nadu will dethrone the DMK in the next elections," Shah exuded former BJP president also attacked the Stalin government, accusing it of not having fulfilled 60 per cent of their poll promises. "Mr Stalin, I dare you to tell people how many promises you made in your poll manifesto in the last elections you have fulfilled".Heaping praise on Prime Minister Narendra Modi's leadership and political will, Amit Shah spoke about the recent Operation Sindoor precision strikes carried out to dismantle Pakistani terror recalled the 2016 Uri attack, the 2019 Pulwama attack and the Pahalgam attack in April, saying that it was PM Modi who did not refrain from hitting deep inside enemy territory in retaliation to these terrorist between the BJP and certain opposition parties, has heated up with regard to Operation Sindoor. While the BJP claims the precision strikes became possible because of PM Modi's strong leadership, the opposition accuses the Modi government of claiming undue credit for the strikes carried out by the armed Watch IN THIS STORY#Tamil Nadu#Amit Shah
