Freedom's our defence - 0 views
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Few things are more crooked in India than the discourse on free speech and its relation to violence. Rather than focusing on the basic framework governing speech, the debate quickly descends into the politics of double standards.
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The first is, could Husain have gotten away with taking artistic liberties with Islam the way he did with Hindu icons? On this view free speech cases are not about free speech. They are the tests of two things. Does the state favour one community over the other in the way it interprets what is offensive and what is permissible?
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Second, what exactly are the protocols that govern offensive art? Are these standards applied uniformly across different domains? And third, whether Husain’s acceptance of Qatari citizenship is exactly a ringing endorsement of the values of a liberal democracy? These political questions will continue to cloud the fundamental issue: can India as a society handle freedom of expression in a way that befits a liberal democracy?
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the state’s reaction is typical: legitimise the violence by classifying the purported article as the culprit rather than those who took offence at it and engaged in violence. While our laws on speech undertaken with the malicious intent to give offence, or those governing attempts to produce enmity, are well intentioned, they have made the climate for free speech more, rather than less, precarious.
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the simple fact that the state signals that it will easily punish those who engage in offensive speech creates incentives for offence mongering. Instead of sending a signal that a very high bar has to be crossed before speech is proscribed, the state essentially tells the people: if you can incite violence, or show that you are deeply offended, you will have your way.
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A lot of representations of religion are needlessly gratuitous. But if we legitimise the taking of offence there will be more provocations, not less. The law should send a clear message that we live in a world where people cannot be protected from assorted things like Danish cartoons, Husain paintings, burqa lampoons or speculative novels on godly love. And religious believers commit the ultimate blasphemy by thinking that they need to protect their gods rather than their gods protecting them