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The attack on Republic TV’s Arnab Goswami after his singeing criticism of Sonia Gandhi raises important questions on freedom of speech – especially one that the Congress party has practised over the years.

In its seminal judgment in Shreya Singhal vs Union of India, the Supreme Court had stated that three aspects are fundamental to the overall understanding of the concept of free speech. They are ‘discussion’, ‘advocacy’ and ‘incitement’. Mere discussion or advocacy is at the heart of free speech, howsoever unpopular the opinion may be.

A history of curbing speech

Over the past seven decades, beginning with Jawaharlal Nehru to now under Sonia Gandhi, the Congress party has always curbed or attempted to curb free speech even when the expression was confined to the realm of discussion or advocacy.

The first instance was as early as in June 1951, a little over a year after the Indian Constitution came into force. Article 19(2), which imposes reasonable restrictions on the freedom of speech and expression, was amended and the words ‘friendly relations with foreign states’ were inserted into the Constitution by then-Prime Minister Jawaharlal Nehru. These words were inserted purely to deal with the speeches made by Syama Prasad Mookerjee, the founder of the Bharatiya Jana Sangh, who was advocating an ‘Akhand Bharat’. Interestingly, the words ‘friendly relations with foreign states’ have been used in the rarest of rare cases, which makes one wonder if this amendment was a result of the Congress’ intolerance towards Mookerjee’s views.

Also read: Arnab Goswami vs Congress: Drama for TV ratings or attack on free speech?

The biggest assault

The second wave on the attack of free speech came in 1962. Eminent critic and Hindi poet Kedar Nath Singh was prosecuted over a speech in which he had criticised the Congress party. He was charged with sedition under Section 124A of the Indian Penal Code, which calls for life imprisonment for bringing “hatred or contempt…to excite disaffection towards the Government”. The action against Kedar Nath Singh once again reflected the mindset of the Congress party to clamp down on views unsuitable to it.

If the Congress’ earlier attempts at curbing free speech targeted individuals, the third wave of clampdown had implications across India. Former Prime Minister Indira Gandhi imposed the Emergency in 1975 curbing freedom of speech and other fundamental rights for 21 months. Among many instances from that era was the deplorable treatment of one of India’s most beloved singers Kishore Kumar. The government wanted Bollywood to promote Indira Gandhi’s 20-point programme. But Kishore Kumar refused and subsequently his songs were banned from All India Radio and Doordarshan. Although Kishore Kumar’s voice stood the test of time, the Emergency did not. Another victim of the Emergency’s clampdown was the film Aandhi, a political drama allegedly based on the life of Indira Gandhi, which the government banned.

Also read: I’m speechless, says J&K journalist Masrat Zahra after being booked for ‘anti-national’ posts

Legacy continues

Continuing the legacy of the Congress party, then-Prime Minister Rajiv Gandhi introduced the ‘Anti Defamation Bill’ in Parliament in 1988 to categorise journalists who, according to the government, wrote defamatory articles. This was a direct assault on the freedom of the press and the government at the time could have muzzled free speech by using vague expressions such as ‘grossly indecent’ or ‘scurrilous’ to frame charges against journalists. But public pressure brought upon by protesting editors forced Rajiv Gandhi to withdraw the bill. The bill had come at a time when the government was facing severe criticism over the Bofors scam.

The Congress’ attempt to curb free speech continued in the 21st century. In 2012, young cartoonist Aseem Trivedi was charged with sedition as well as offences under the Information Technology Act and the National Emblem Act for publishing satirical cartoons commenting on the widespread corruption in India at the time.

Also read: Plague of 1896 redefined sedition. Coronavirus mustn’t bring in laws that outlive crisis

Little has changed

But the Congress, out of power for the last six years, has learnt few lessons as the lamentable attack on television anchor Arnab Goswami shows. Arnab had questioned the disturbing silence of Congress president Sonia Gandhi on the condemnable lynching in Maharashtra’s Palghar district. His questions on national television were met with a response that can have a chilling effect on media’s freedom of speech. Multiple FIRs were filed against him in various Congress-ruled states to prosecute him for hate speech. It must be noted that the ingredients to prosecute someone for such an offence are clearly missing and this is an endeavour of the Congress party to strike heavily on dissent.

With little hope of seeing the Congress party correct its ways, we have no option but to seek solace in the erudite words of M.K. Gandhi, spoken at the 36th Congress Session in 1921: “Freedom of opinion and freedom of association are the two lungs that are absolutely necessary for a man to breathe the oxygen of liberty.” It is deplorable that the Congress party has choked the citizens of India with its assault on free speech since time immemorial.

The author is BJP spokesperson, vice president of Mumbai BJP and a managing partner at Parinam law Associate. Views are personal.

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