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.
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This piece appeared as an editorial opinion in the print edition of The Times of India.
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