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Journalism of Courage
It is a strange paradox that humanity’s yearning for expression is matched by the urge for its suppression. No doubt, freedom of expression is not absolute. There is no fundamental right to defame a person or to deliberately and maliciously injure the religious beliefs and sentiments of anyone.
If a book contains false or derogatory statements about a person who is revered, the proper course would be to expose its falsehoods, condemn the book and ridicule the author. Banning a book deprives citizens of their right to read and to be informed and form their own opinion about its worth or worthlessness. A book which contains statements which are unpalatable or unfavourable to some people does not necessarily warrant a ban. Otherwise serious religious or political debate would become impossible. Books denying the existence of God or doubting the divinity of religious leaders or questioning the authenticity of miracles or castigating the basic premises of a political ideology, like Marxism, would qualify for a ban. This would be the height of intolerance.
But as in other spheres of life there are no absolutes in this field. If there is genuine likelihood of a serious law and order problem erupting because of the inflammatory contents of a book or a play or a movie, the same may be banned in conformity with the existing legal provisions. Banning a publication should be the last recourse, not the invariable rule and the banning itch must be controlled. However, there can be no justification at all for the recent vandalism at the Bhandarkar Oriental Research Institute at Pune.
The destruction of heritage archives at the Institute was reminiscent of the insane fanaticism of the Talibans who demolished the Bamiyan statues in Afghanistan. One hears shrill cries for the arrest of the author, Laine, but hardly any for prosecution of the vandals who ransacked the Institute. Their mindless acts have tarnished the fair name of our country and of Maharashtra in particular.
Shivaji Maharaj, who was remarkable for his religious broad mindedness, if he were alive, would have been the first to condemn these acts. It is heartening that on Republic Day several citizens registered their protest by dropping a rupee coin in specially placed urns at the Institute, as a token contribution towards its restoration. Hats off to these enlightened souls who symbolised the spirit of tolerance in our country.
African human rights court
Human rights movement received a shot in the arm last week when the protocol for the establishment of the African Court under the African Charter on Human and Peoples Rights 1981, came into force. After Europe and the Americas, Africa will be the third continent with a regional court to adjudicate human rights violations.
The appointment of competent and independent judges to the African Court and the financial autonomy of the Court are vital for its successful functioning. The first Bench of the African Court can contribute significantly by its purposive interpretation of the Charter. The European Court of Human Rights in Strasbourg and the Inter-American Court of Human Rights at San Jose have made substantial contribution to human rights jurisprudence and provided much needed relief to the victims of violations of human rights.
We have not yet succeeded in framing a regional Asian Human Rights Convention. This objective should be accorded top priority. There are difficulties in view of the religious and ideological divide between the countries in the region but it should not be difficult to agree about a minimum standard of core human rights.
The handy
black gown Keeping your cool in embarrassing situations is an art which only a few can practice with aplomb. During last week’s Golden Globe Awards ceremony in Los Angeles when Oscar winning actress Nicole Kidman was presenting the Best Actor award to Sean Penn, her gown slipped without warning, revealing all. Nicole was red-faced and made a desperate dash to the backstage where agitated wardrobe assistants applied double-sided sticky tape to her gold Yves Saint Laurent outfit.
Nothing can be more awkward than your trousers falling down in the midst of a serious argument in the Supreme Court. This happened to K.N. Rajagopal Shastri, a senior advocate, when he was unraveling a knotty point of income tax law to the Bench. The late Nani Palikhivala who was a witness to this incident perspired profusely out of embarrassment. But Shastri was cool as a cucumber. He put one foot on the chair, wrapped his black gown around him and continued his arguments unruffled for the next half-an-hour till lunchbreak. When the Bench rose for lunch he pulled up his trousers, collected his papers and calmly sailed out. Incidentally the black gown which some want abolished can be useful at times.
