A post made infuriated by the Arrest of People due to making their opinions known & for supporting the opinion & the fact that they were forced to apologize for the same. As now, even I might be forced to do the same, I am apologizing here itself so as no body has to force or coax or threaten me for the same.
Before I begin with the whole GYAN, let’s visit & revisit our Indian Constitutions Article 19 & its provisions related to Speech & Expression. (This might be a little lengthy but is required to understand the whole scenario).
19. Protection of certain rights regarding freedom of speech etc
- All citizens shall have the right
- … law imposes reasonable restrictions on the exercise of the right conferred …… in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence…………
So, if we see, we are free to express ourselves in any way or form or method unless we are not going against Sovereignty & Integrity of India, Security of the State, Friendly relations with Foreign States, Public Order, Decency or Morality or in relation to Contempt of Court, defamation or incitement to an offence.
I hope we all agree to the fact that what’s mentioned above is really required to be a decent society, decent enough to be called “Human Society”.
Now, let’s visit the incidents that have unfolded in the past few days over the death of the Beloved Mr. Bal Thakery. He expired (May he rest in Peace & understand that I respect him for who he was). His supporters & non-supporters & others have their personal opinion over his life & what should be the way forward for anyone any how related with him. So, if we think carefully the only point over which an action might be taken over someone over this matter i.e. expressing their opinion would be “only if it’s against Public Order”, right?
Now imagine this, if the so called supporters of Mr. Thakrey decide to Band karo a whole city, that too the economic capital of India (Read: Loss of may be Billions of Rupees to Indian Economy). So, one group says Band karo because he feels so. Some Others don’t want to because they need to live their daily live unaffected by someone’s death as they don’t want to be affected every time someone dies. It’s their choice if they don’t want to shut their life even if their own Father or Mother dies so why should they shut their lives over a politician / leader they don’t want to follow. Now this difference of opinion could & would cause conflicts & friction. This friction would definitely lead to some kind of offence but It’s completely ok, because it does not go against:
- Security of the State.
- Public Order.
- Decency or Morality or in relation to Contempt of Court, defamation or incitement to an offence.
As example of what is allowed by our system despite of our so elaborate constitution & legal system, we can have a look at the behavior of our Politicians over various Rally & Speeches & even in our Parliamentary discussions.
Now, let’s look at a second series of events which unfolded at the same time when Mumbai was shut. A few people, citizens of India obviously not less a part to the future of India than anyone decide to express their opinion about the same, they are arrested for doing the same, because as they share a status & express opinion, their friends like & comment on the status/post/opinion, it’s against the restrictions imposed by our constitution under Section 19.
The amazing fact is they did not say that Mr. Thakrey was corrupt or wrong or anything which should hurt the sentiments of any one related to him. Neither did they say any slangs or spoke wrongly about him any manner rather they just expressed that shutting the whole city forcefully. And, actually, when the whole Supporter group of Mr. Thakrey was on the roads shutting down the city (which was not at all illegal under any law, leave alone the constitution), the status was posted from within four walls of might be their homes (which was illegal).
And when I say this please trust me on the point that there are a lot of people on both sides i.e. the side which trusts, respects & honors Mr. Thakrey as well as on the side according to whom he was all but a good person, but they are just opinions & everybody has a right to the same, even if they are not proven truths or judge of what he was. Mr. Thakrey was & will be remembered for the things he did, the impact he had & even those who differed from his opinion or ideologies respect him.
But these negative opinions about him were not voiced, not because of the threat of his supporters but because of the fact that we as Indians know how to respect someone, especially after he expires.
But, nope, nobody is content upon us being so tolerant. A few opinions on how should a dead man be honored & cremated have to lead to arrest because that’s what we are as Indians & that’s our image to the world. And, now the arrest of these youth is not challenging the youth of India to voice such opinions more vocally. That’s not a challenge as to what can the youth of India do in front of a few Political idiots & their show of Nonsense Power. And, that’s not “incitement to an offence” because after having seen the whole arrest on News Channels I feel pretty much incited to do something Rash of a larger magnitude & see who decides to shut my opinions off & take away my rights of speech away & prove that in India not even the constitution has any respect or validity.
Regards,
Pratik Deo
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