: Onslaughts on our freedom of expression have recently emanated from non-State actors, hypersensitive individuals, who get hurt because of the title of a book or a movie or a song. Sikhs were offended by certain words in the title of a movie, Christians wanted the movie The Da Vice Code banned because they found it hurtful and recently there was a ruckus over the film Jodha Akbar because certain scenes and the portrayal of characters were hurtful to some people. There is no doubt that an expression that is patently offensive, can be banned. However, the criterion of “feeling hurt” for proscribing freedom of expression involves large element of subjectivity and is very slippery.
The crucial question is whose feelings are to be taken into account? Way back in 1947, Justice Vivian Bose, presiding over the Nagpur High Court, ruled that the effect of words and expressions “must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view”. Our Supreme Court has fully endorsed this view and elaborated that the standards “should be that of an ordinary man of common sense and prudence and not that of an out of the ordinary or hypersensitive man”, and I would add, not a person who is totally devoid of a sense of humour.
Consider the fury unleashed at a comment Jaya Bachchan made, in a light vein, on her speaking in Hindi and not in Marathi and for which she apologised in the same sentence. No rational person would regard her remark as an attack on Marathi language and culture. The ensuing consequences resulting in loss of property and threats to the safety of the Bachchans were reprehensible. The subsequent apology by Amitabh Bachchan was a regrettable concession to fanaticism. Most alarming is the inaction of the State authorities in not prosecuting the vandals and in particular Raj Thackeray for criminal intimidation. Has the Rule of Law disappeared in my State of Maharashtra?
Of what use is the fundamental right of free speech if in reality there is no freedom after speech? The same disturbing trend is discernible in the furious objection to the remarks of a professor at St Stephen’s College on Punjabi culture. Where is the need to get so worked up? Have we completely lost our sense of...
