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This is an archive article published on February 12, 2006

Limits to freedom of expression and protests

I am a strong proponent of freedom of expression. Nonetheless in my view the noble cause of freedom of expression was not furthered by delib...

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I am a strong proponent of freedom of expression. Nonetheless in my view the noble cause of freedom of expression was not furthered by deliberately offending religious feelings of the Muslim community by publishing cartoons of Prophet Mohammad which portray him as a comical figure. Freedom of expression certainly permits criticism of religious beliefs. It does not confer a fundamental right to abuse any religion or its founder. In a theological debate or a philosophical discussion one may legitimately criticise the tenets of a particular religion. For example, the occurrence of miracles. One may also doubt the factual basis of its claims and assert that they are historically inaccurate. But it is not permissible to condemn the founder of a religion or the prophets it venerates as immoral persons or frauds and charlatans. In such cases an inference of deliberate intention of outraging the religious feelings can be raised and which is punishable under Section 295-A of the Indian Penal Code. Whether we like it or not, in India religious feelings are easily ruffled by scurrilous attacks on religion and the founder and central figures of that religion. Courts in India have tried to balance the values underlying freedom of expression with the maintenance of peace and order.

The question why should Muslims feel so deeply hurt is naive. Muslims take their religion very seriously and for a vast majority of them it is a part of their daily life. Compare Sunday church attendance with Friday attendances at mosques. Muslims are thoroughly justified in protesting. Regrettably the protests were not confined to demonstrations, slogans and rallies outside the concerned embassies. Embassies were burnt and persons unconnected with the printing of the cartoons were attacked. The Muslim reaction was extreme and grossly disproportionate. Their anger against the newspaper or its editor is understandable but not against governments which did not sponsor or encourage the publication of cartoons.

Christ was blasphemed in a play called The Temptation of Christ which attributed unnatural sexual proclivities to him. Christians were deeply offended and there was strong condemnation, but their protests did not result in violent acts. It is unpardonable that leaders of the Muslim community failed to restrain their followers. It is shameful that some Muslim leaders in some countries should have incited people to violence. Such events provide ammunition for the propaganda that Islam is an intolerant and violent religion and give credence to that heresy. And that is indeed a tragedy.

Taxing the super rich

The CPIM has proposed that there should be a special tax on the rich. Pray, who are they? What are the criteria for identifying this clan? Is it ownership of several properties or fancy foreign cars, or possession of wealth, or earning incomes beyond a certain figure, fixation of which is bound to be challenged as arbitrary? The proposal is beset with legal problems. Besides, it is a practical impossibility in view of the super-rich members of the Cabinet, barring few exceptions. What is needed is an expenditure tax to curb lavish and ostentatious display of wealth at weddings and similar other occasions. Spartan austerity on such occasions, in the form of tea, coffee and soft drinks, is not suggested. If someone wants to spend lakhs for wedding festivities, when the majority of our people are struggling to make two ends meet, no law prevents him or her from doing so and figure prominently on page 3, entertainment columns of national dailies. But why should these plutocrats not pay, say, 10 per cent as tax on the expenditure incurred, proceeds of which may be earmarked for slum rehabilitation or other social-welfare schemes. This will also satisfy their or their spouses8217; social conscience. They need not worry about the taxman8217;s intrusion. After all these are honourable people and no doubt the expenditure will be appropriately accounted. The coming budget promises to be exciting.

 

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