Between the bullet, the baton and the gavel!

IN Media Freedom | 03/05/2010
On the occasion of World Press Freedom Day, observed globally on May 3, an assessment of the precarious condition of freedom of speech and expression in India.
A first quarterly report from the desk of the FREE SPEECH HUB

 In the first-ever exhaustive tracking of threats to free speech in the country, The Free Speech Hub has recorded, since January 2010, at least 11 instances of attacks on journalists and one on a media house; eight instances of bans, restrictions or regulation of media; seven instances of the censorship of books, films and television channels and at least nine complaints and protests by social and political groups against articles, films, plays or even comments and opinions voiced by prominent citizens.

 

Freedom of speech and expression in India, it is clear from these incidents, is balanced precariously between the ever-present threat of direct, physical attacks from both security forces and social vigilante groups on the one hand, and the reassurance of protection from higher judicial authorities on the other but the scales seem tipped in favour of the former.

  

In the first quarter of this year, well-known artist M F Husain decided to give up his Indian citizenship, prominent writers like Paul Zachariah and Arundhati Roy were attacked for their views, the former being physically assaulted, two persons lost their lives as they protested the publication of an article on the burqa, actor Shahrukh Khan was the unexpected upholder of free speech when he refused to apologise to the Shiv Sena for his utterances, and two political activists were charged with sedition for their writings.

 

Most of these incidents made headlines and took up hours of airtime on television channels. Away from public scrutiny was the impunity with which security forces across the country used the baton and even their bullets to rein in what they perceive as recalcitrant media. The repeated targeting of the media and the lack of accountability by those who do so, time after time, bodes ill for freedom of speech and expression.

 

Nothing demonstrates this more than the savage beating up of Gowhar Bhat, a journalist of Greater Kashmir by security forces in Srinagar, Jammu and Kashmir, on April 26, barely a week before the global observance of World Press Freedom Day on May 3. Bhat was covering a demonstration of the opposition People’s Democratic Party (PDP). His protestations that he was a journalist cut no ice with the security forces that beat him more severely when he tried to read the nameplate of a police officer in order to identify him.

 

In the beginning of the year, on January 7, photographer Amaan Farooq,  was shot at by a senior police officer for covering the aftermath of an encounter in Srinagar. While enquiries have been ordered, the findings are still awaited. Across the country, in Kalinganagar, Orissa, journalist Amulya Pani was assaulted on April 5 when he went to cover the police firing on villagers there and in Jirabam, Manipur, journalists Moirangthem Romeo and Atom Lukhoi were arrested by Imphal East commandos on March 20, without any assigned reason.

In other parts of the country, security forces routinely bar journalists from covering any conflict ??" whether in Hyderabad, Andhra Pradesh, when journalists were lathi-charged for covering an agitation for Telangana, or in Kalinganagar, Orissa where vested interests attacked journalists under the benign eye of the police when they attempted to meet villagers who had been protesting the entry of mining companies on their land, or in Dantewada, Chhattisgarh, where journalists and film-makers were prevented from reporting in areas riven by conflict between security forces and Maoists.

 

Vigilante gangs, owing allegiance to social and political groups, have protested any perceived threat to their world-view by attacking writers, theatre performances, media houses, posters and even mobile companies! Whereas, in some instances, they were sufficiently reined in by strong responses from state governments, the tendency of the state to look the other way in other instances, only gave these groups a field day.

 

In Thiravananthapuram, Kerala, BSP workers stoned a media house on March 19 for carrying a cartoon depicting their leader and the UP Chief Minister garlanded with currency notes; in Mumbai, Maharashtra, workers of the MNS attacked mobile companies on March 9, forcing them to prioritise the use of Marathi in their caller voice systems; in the same city, local Shiv Sena activists issued threats on April 2 against the staging of a play because it featured a Pakistani poet and on April 13, the khap panchayat barred the media from its meetings and said the media should be taken to task for ‘destroying the social fabric’ of the country.

 

These attacks, both by security forces and social and political groups, attains significance in the backdrop of the continuing attempts of the State to restrict, regulate, debar or monitor a range of expression ??" whether it is television coverage of bomb blast attacks and other conflicts, curbs on advertisements or the introduction of laws, schemes and mechanisms that have the potential to compromise privacy and increase routine surveillance without any stated safeguards.

 

In the last four months, provisions of Cable Television Networks (Regulation) Act have been used to ban channels for obscenity, restrict coverage of blast victims in Pune, encounter operations in Srinagar and the Telangana agitation in Hyderabad. While the rules regarding the operation of the Information Technology (Amendment) Act, 2008 are still awaited, the government has announced the introduction of body scanners in airports in Delhi and Mumbai and the unique identity number, both of which have raised issues of privacy.

 

Amidst allegations of phone-tapping of politicians in April, the Union Government has decided to amend rules governing surveillance, a tacit admission that existing rules and regulations are inadequate. Much more transparency is needed in all these policies, as well as greater debate and discussion in civil society.

 

There are two bright spots, however, in the state of freedom of speech and expression in India. One is the response of the judiciary towards SLAPP (Strategic Litigation Against Public Participation) suits and complaints against the exercise of free speech. While the Supreme Court has decried the harassment meted out to artist M F Husain and dismissed all but three cases against him, it has also dismissed complaints against actress Khushboo for airing her opinion on pre-marital sex and come out strongly against hate speech.

 

The experience of free speech cases in High Courts, however, is not uniform. While the Bombay High Court upheld the right of journalists to cover controversial cases, allowed restricted display of posters that had the potential to cause ill-will between communities and opined that directing authorities to crack down on websites with sexual content was not proper, the Andhra Pradesh High Court directed authorities to ensure that television channels adhere to programme codes, banned the release of a film depicting the elopement of a teacher with her student and also put the Hyderabad city Police Commissioner in charge of monitoring television channels for violent content.

 

 

Annexure

 

Attacks on journalists, media houses

On January 5, police detained two journalists, a film-maker

and a researcher in Dantewada, Chhattisgarh when they went to cover a jan sunwai. The journalists were charged with dacoity.

On January 7, a photographer was shot in the leg by a police officer in Srinagar, Jammu and Kashmir, when he went to cover the aftermath of an encounter operation.

On January 8, two television journalists were arrested for airing a report alleging the involvement of the Reliance group in the death of Andra Pradesh Chief Minister YSR Reddy in a helicopter crash in December 2009.

On February 6, the editors of Hindi magazine ‘Dastak’ Seema Azad and Vishwa Vijay were arrested in Allahabad for alleged links with Maoists.

On February 14, police targeted the media and injured six journalists in a lathicharge of students of Osmania University, Hyderabad, Andhra Pradesh.

On February 20, an Orissa TV journalist was attacked when he went to cover a vigilance raid.

On March 11, police raided the   residence of well-known journalist and writer Dandapani Mohapatra without a search warrant.

 

On March 16, journalists and environmental activists were attacked by the sand mining mafia in Thane, Maharashtra.

On March 19, BSP workers stoned the office of Malayalam daily Tejas for carrying a cartoon on BSP leader and UP Chief Minister Mayavati.

On March 20, two journalists were arrested in Jiribam, Manipur. No reasons were ascribed for the arrest.

On April 5, three journalists were attacked by alleged supporters of the Orissa Finance Minister.

 

On April 26, police severely beat up a journalist covering a PDP demonstration in Srinagar, Jammu and Kashmir.

Bans, restrictions or regulation of media

On Jan 5, in Port Blair, Andaman and Nicobar Islands, government notifications curbing the release of official advertisements to newspapers in the union territory was made public amidst protests that the move would signal the death-knell for independent media.

 

On January 7, in Srinagar, Jammu and Kashmir, a 22-hour operation between security forces and militants was conducted amidst a blackout of all media.

 

On January 10, in Hyderabad, Andhra Pradesh, the Andhra High Court issued order to monitor and curb allegedly provocative content on 12 television channels.

 

On February 5, in New Delhi, notices were issued to television channels UTV and MTV for airing allegedly obscene shows.

 

On February 24, in New Delhi, an advisory was issued to television channels directing them to avoid airing content on terrorists that ‘may help further their cause’.

 

On February 25, in Pune, Maharashtra, the broadcast of footage of the German Bakery blast was banned for security reasons.

 

On March 11, in New Delhi, Fashion TV was banned for airing nudity.

 

On April 25, in Jammu (Jammu and Kashmir), Islamic channels were banned by the civil administration.

 

Bans, Censorship of books, film

On January 5, in Mumbai, Maharashtra, the Bombay High Court upheld the ban on a book, "Islam ??" a concept of political world invasion".

 

On January 12, in Mumbai, Maharashtra, scenes from a Marathi film were deleted after protests from two political parties.

 

On January 15, in Mumbai, Maharashtra, the title of a Marathi film was forced to bear a disclaimer by political party protests.

 

On February 19, in Shillong, Meghalaya, a textbook was confiscated for allegedly blasphemous content.

 

On March 5, in Hyderabad, Andhra Pradesh, the Andhra High Court barred the release of a film about the elopement of a schoolteacher with her student.

 

On March 9, in Lucknow, Uttar Pradesh, a book entitled "Nehru-Gandhi family: secular ya varnshankar" with allegedly derogatory content on politicians was recalled and all its copies seized.

 

On April 17, in Mumbai, Maharashtra, organisers of a queer film festival decided to self-censor films ‘keeping in mind Indian sensibilities’.

 

Attacks, protests, complaints by social/political groups against artists, actors, writers, activists, articles, books, film, theatre etc

 

On January 11, in Payyannur, Kerala, alleged DYFI activists attacked writer Paul Zachariah for speaking out at a literary seminar on the organisation’s orthodox approach.

 

From January 30-Feb 12, in Mumbai, Maharashtra, activists of the Shiv Sena targeted actor Shah Rukh Khan and his film ‘My Name is Khan’, for regretting the absence of Pakistani players in the IPL cricket tournament and criticising their exclusion.

 

On February 11, in Bengaluru, Karnataka, political activists allegedly belonging to Youth Congress blackened the face of Shri Ram Sene leader Pramod Mutalik while his organisation attacked a woman activist during a television debate on Valentine’s Day.

 

On March 1, well-known artist M F Husain announced his decision to give up his Indian citizenship in the wake of sustained harassment of him and his work by Hindu fundamentalist groups.

 

On March 1, in Shimoga, Karnataka, two persons died and eight others were injured following violent protests over the publication of an article on the burqa in ‘Kannada Prabha’, a Kannada daily.

 

On March 8, in Shillong, Meghalaya, Deputy Chief Minister B Lanong attacked women activists and writers and called them vipers, destroying everything with their venom. He refused to apologise for his remarks.

 

On April 2, in Mumbai, Maharashtra, a local unit of the Shiv Sena threatened to stop the staging of ‘Sara’ a play in Hindi by Mahesh Dattani about the life of a Pakistani poet. However, the play was staged amidst heavy police security.

 

On April 12, in Raipur, Chhattisgarh, police began investigation on a complaint filed against well-known writer Arundhati Roy for her 32 page essay "Walking with the comrades" published in Outlook magazine.

 

 On April 13, in Kurukshetra, Haryana, organisers of the Sarv Khap Mahapanchayat said the media destroyed the ‘social fabric’ of the country and barred the media from attending its meetings.

 

Details of entries in the Free Speech Tracker. For the complete list, please click here or log onto:

 

http://www.thehoot.org/web/freetracker/freetracker.php

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