Freedom of speech in India (Part 1)
(Note: I started writing this post a long time ago, when there was a huge controversy over the Shiv Sena protesting (violently, or at least threateningly, if I remember correctly) about what someone posted on Facebook. I revisited it now, while looking through posts I’d saved as drafts. It’s one I’ve wanted to complete for a long time, and into which I’ve put quite a bit of effort. With ‘India’s Daughter’, the documentary on the ‘Nirbhaya’ case being banned, I think this is a good time to update it and post it. I have a lot to say on this topic, so I’m making this a multi-part post. I may meander quite a bit, and the posts may not be perfectly linear, or perfectly narratively coherent. Caveat lector.)
I have noticed that a controversy over what someone said, wrote, sang, or depicted receives media attention every few months in India. Most often, these are small and only locally relevant, even though they often draw national attention. Less frequently, the controversies engage the attention of a significant part of the nation, and are national in scope.
The examples that I can remember off the top of my head are: the Indian churches’ protests against the movie adaptation of Dan Brown’s ‘The Da Vinci Code’, the protests by various caste parties against the lyrics of a song from the movie ‘Aaja Nachle’, the (international) controversy against Salman Rushdie’s ‘The Satanic Verses’, the protests against historical or scholarly writing critical of Islam (the examples are too numerous to mention – a good starting point is ‘The Calcutta Quran Petition’), the protests against and personal harassment of M.F. Husain, and most recently the Shiv Sena’s protests against material hurting their sentiments on Facebook.
In each case, the protesters had their way, the speech they deemed offensive was banned, and the state’s power was deployed on their behalf against its authors. ‘The Da Vinci Code’ had its climactic moment interrupted (and ruined) by a forcibly-inserted disclaimer, the ‘Aaja Nachle’ song had the controversial lyrics cut out, Rushdie was forced to recant publicly in the face of death threats, ‘The Calcutta Quran Petition’ was banned and its authors arrested, M.F. Husain was hounded out of India, and the Shiv Sena’s critics were arrested.
(I think all of these instances of censorship lack merit, with the spectacle of mass protests becoming more and more farcical as the internet allows for uncontrollable freedom of speech and anonymity. Maharashtra partially shutting down because somebody said something on Facebook is foolish and sad, but it is also wickedly funny if you know the slightest thing about the internet. I further think that in most of the examples I mentioned above, the intent of the author(s) wasn’t to hurt a community’s sentiments, and that they wouldn’t know at all how to react if 4chan or Anonymous decided to actually do so.)
In the ensuing discussions and debates, I have often heard the argument that speech should be free, but that this freedom comes with responsibility to use it wisely; those who say this often go further, and also add that speech shouldn’t hurt the sentiments of others or cause disharmony. (The disharmony is usually religious or caste-based.) Sometimes they state a stronger form of the same argument, saying that speech should be free only as long as it’s responsible and doesn’t hurt the sentiments of people or cause disharmony. Either of these forms is often (but not always) followed by a criticism of the speaker for being irresponsible. I thought that this was a self-contradictory message, asking: if speech is restricted like this, how is it free?
Seeing that it was often politicians or partisan public figures who talked like this, I also thought they were pandering to a constituency, or taking a side – of the churches, a caste, a religious community, or a linguistic group and its associated political party – without overtly supporting violent censorship. This was sufficient to explain why politicians, committed ideologues, or partisans would say so. I recently came across this argument in the comments sections of newspaper articles, and I remember having heard it in person (though rarely), where motivated pandering didn’t explain it. I have since understood this view better. (I do not agree with it, and still think it’s wrong.)
Here is what I hypothesise: that those who honestly make such arguments do not think that the right to free speech is fundamental the way the right to life is. They see that any speech which a caste, religious, linguistic, or other such group finds offensive often leads to violence and protests from that group, specially when that particular identity is politically significant in addition to being personally meaningful. Seeing that, they conclude that such expression is irresponsible. Finally, I think it’s plausible that they also believe the original claim – that it’s simply wrong to say something which could make someone else feel bad, even if is the only consequence such speech has on the world – and they are simply saying so.
If this is true, I infer that they think of freedom of speech as a privilege with associated duties, and not as a right at all. I disagree with this opinion of theirs for two reasons. I value the freedom to speak freely in particular, and the freedom to own and control your vocal cords, writing/drawing hands, or other parts of your body in general (with the constraint that everyone, and not just I, have these rights), as good things to have in themselves. Secondly, I think that such a view assigns the responsibility for violent protests (or other consequences, like property damage) of controversial speech to the speaker and not those who materially/physically committed them. This is an unprincipled exception to the general rule that an actor is responsible for his actions, and certainly his crimes.
(I can think of one way of steelmanning this view, though at the cost of modifying it so much I’m not sure its original proponents would agree with it any more. The steelmanned view: that though free speech is in fact a right (or at least should be), there are powerful political groups who will respond violently to critical speech and expect to get away with it due to the weakness of the state, and a large number of individuals who neither understand nor even accept the right of others to speak freely, and will respond violently to anything they hear that they’re offended by. These groups are either politically motivated or immature (or both), and thus any speech that they deem offensive carries the risk of causing them to become violent. Thus, freedom of speech should be treated as a privilege that imposes on those who enjoy it a ‘heroic responsibility’ to think of the consequences of saying anything at least for now, while simultaneously making efforts (probably through the state’s power, using compulsory education) to make people accept freedom of speech and make them think that its forcible suppression is illegitimate.
I can argue against this steelmanned version, but until I have some proof that someone believes it, I don’t want to.)
I conjecture that many who think like this simply haven’t understood free speech. The entire purpose of protecting people’s rights when they speak freely (and to speak freely) is to protect unpopular speech. If someone says something that’s an opinion held by a majority and socially well-accepted and uncontroversial (or held by a powerful political group), his rights are unlikely to be violated because of that; and if they are, those who violated them are likely to be punished quickly and efficiently. Most people feel that it’s right and just to punish the violator in such a case, and I surmise are built that way, and that it’s the default for people and groups (which can be as small as a group of friends, or a tribe, or as large as a country with millions of people who share roughly similar opinions because they get information from the same sources (usually broadcast media)). It is people who say things that are unpopular whose rights need to be protected, as very few people (if any) are likely to have any sympathy for them. There are many reasons something said could be unpopular, its being “irresponsible” just one of them.
(I’ll be charitable and assume that those who say that they object to something because it’s irresponsible are sincere, and aren’t trying to find any means to force the person they disagree with to stop saying things they don’t want him to say, and picking the accusation of irresponsibility because they believe it’ll be the most effective at doing this. Even if they are, there is a difficult question that they should answer – who decides what’s responsible and what irresponsible? They’ll almost certainly find this question frivolous when first asked, as to them it’s (probably) just obvious that some things are irresponsible and some responsible in the same way some things are red and some blue, without scope for disagreement. The question remains, though, until they give some way for others to verify how responsible it was of someone to say a particular thing. They could claim that there’s some objective, independently verifiable algorithm to decide whether something is responsible or not. This just pushes the question back by a level, but doesn’t answer it – because what if someone disagrees with that algorithm? Cases like yelling ‘Fire!’ in a crowded theatre sidestep this question by being instances of other crimes, such as malicious fraud in this instance.)
Speech is consequential, and what someone says can change who has power, or how much of it they have. (Power is a social construct. Strength is not. A gun provides you the strength to send metal projectiles flying at very high speeds. But it only gives you power over someone else if that someone is afraid of what you’ll do with the strength the gun gives you.) In groups or societies in which those who have power aren’t checked from violating human rights, and in which public opinion matters to who has power, speech is tremendously powerful, and literally a matter of life or death. I surmise this is the case in tribal groups, and in some types of repressive states where the power of those who have it is dependent on maintaining a mythology of some kind. (Such as North Korea, or Saudi Arabia.)
In India, many political groups’ power depends on whether they’re perceived as strong or weak, with those seen as weak being less likely to win elections. In India, many people perceive that someone who is made fun of or insulted is weak/pathetic/unworthy. (A plausible reason: if that group was strong or powerful, nobody would dare make fun of or insult it, because they’d be too scared to, due to fear of retaliation.) I surmise that this is so because India is still a ‘honor’ society in this respect. ‘Honor’ is fragile, and being insulted or made fun of without retaliating indicates that you’re weak and without ‘honor’. Thus, it is in most political groups’ interest, specially those whose power is local (linguistic), or caste-based, or in some way insecure, to make sure that they’re perceived as strong by intimidating anyone who makes fun of or insults them – or even criticises them. This is what I think happens with the Shiv Sena, the caste parties, the linguistic parties, and religious groups. This also explains why the easiety way for a new political party to be taken seriously is to violently attack its (strategically weak) targets quickly. I think this is why, for instance, the Maharashtra Navnirman Sena attacked non-Marathi people in 2008 – it showed that they were both physically and politically strong enough to engage in violence without being immediately crushed by the authorities, which demonstrated their power, and their ‘honor’ as well (in being willing to act, and act directly, to achieve their goals). (Wikipedia has an explanation of the difference between ‘honor’ and ‘law’ cultures. Many people in India are part of a ‘honor’ culture, and judge political parties on that basis. I think this explains why the behaviour of so many political parties is not just disgusting or shocking, but also fundamentally incomprehensible to Indians who have grown up in a ‘law’ culture, as is the popular support that such behaviour often generates afterwards. I know that I found it incomprehensible when I was younger, and even now I understand it intellectually, not intuitively. The few ‘honor’ intuitions I truly understand (though not agree with) are incredibly difficult to put into words without sounding ridiculous, or like a caricature.)
In a society in which individuals are free to make their own choices, and are financially independent enough to do so without having to worry about their livelihood, what someone says can make such individuals choose differently than they otherwise would have, and thus speech is consequential for familial and interpersonal choices too. I’m not planning to delve into freedom of speech and familial and interpersonal choices (though I may – but probably won’t – change my mind in a future post).
(Nirbhaya addendum: One of the defense attorneys for the perpetrators of the Nirbhaya rape case said (I quote from memory) that if his daughter had permarital sex, he’d douse her in petrol and set her on fire. I don’t think he’d take kindly to her being exposed to the writings of sexually liberated women who own and take responsibility for their own sexuality, or to anyone telling her that she can make her own sexual choices once she’s an adult; I think he may consider it justifiable to murder anyone who tried to persuade her so.)
(Freedom of speech is a concept that’s one level above judgements of the appropriateness of any particular speech act. I’m going to discuss this distinction – and how discussions and debates in India often miss the point by not understanding it, and consequently not understanding the idea behind protections on free speech itself – in Part 2.)