*
*

*Dr. Swamy, Friends and Limits of Freedom of Expression*

*Ram Puniyani*



It is not a very easy task to decide as to where the freedom of expression
ends and Hate speech begins. A lot of perception about this depends on one’s
convictions about the underlying ideologies which are being talked about. At
another level how democratic space is subverted for anti democratic agenda
is a serious issue. The challenge is to combat Hate ideologies and Hate
Speech within the democratic system, to protect it from being subverted by
sectarian ideologies in the name of democratic freedom.

These questions came to one’s mind once again when Subramanian Swamy, the
President of less known Janata Party, wrote an article, ‘How to wipe out
Islamic terrorism’ on 16th July, in a national newspaper, in the aftermath
of Mumbai blasts of 13th July 2011. In his article Swamy argued that the
acts of terror are by Islamic terrorist, Muslims are directed against
Hindus, to kill them in Halal fashion. This is the unfinished agenda of
Islam to convert India into Darul Islam, a plot of global Islamic agenda.
Swamy suggests that conversions to other religions (except Hinduism) should
be banned, article 370 be abolished, temples be built at Ayodha and Varanasi
and Muslims should be disenfranchised if they refuse their Hindu ancestry.
This article of Swamy has raised lot of reactions. While a many have said
that we don’t agree with you Dr. Swamy, the National Commission for
Minorities has asked for criminal proceedings against Swamy for promoting
hate amongst religious communities.



The students at Harvard University where Swamy teaches summer courses had
begun a campaign to terminate the services of Dr. Swamy for his offensive
and dangerous views. This campaign against Swamy gathered some support but
Harvard authorities decided to continue Swamy on the grounds that a robust
expression of ideas is necessary in the academic world. This came in as a
strange view from the authorities, as many a times academics with very
hateful ideologies have been shown the door.



Dr. Swamy’s views are an amalgam of the views of RSS ideology of Hindutva as
expressed by several of its ideologues, like Golwalkar, Sudarshan etc. As
per the RSS ideology, India is a Hindu Rashtra and as Golwalkar pointed out
Muslims have to be disenfranchised if they don’t subordinate to Hindu race.
Similarly Sudarshan, another Sarsanghchalak of RSS had asked for scrapping
of Indian Constitution and substituting it with Indian holy book, hinting
that laws of Manusmirti need to be brought back. This Hindu Rashtra ideology
provided the base for the demolition of Babri Masjid and the consequent anti
Muslim violence in last two decades.



 To make India as Hindu nation has been political goal of RSS and its fellow
travelers like Swamy. The other component of Swamy’s outpouring comes from
the ‘Clash of Civilizations’ thesis of Samuel Huntington, which says that
the backward Islamic civilization is the major threat to Western
democracies; to the World as whole. This thesis also provided the pretext of
the invasion by US on the Muslim countries of West Asia with massive oil
reserves.



The language and tenor of Swamy is full of frightening prospects. It goes
against two major documents. One is the ‘Constitution of India’, which bases
itself on the concept of Liberty, Equality and Fraternity and gives equal
rights to all the citizens irrespective of their religion. It goes against
the Indian culture and syncretic traditions as symbolized by Saint Kabir and
Nizamuddin Auliaya, where average people mix with each and celebrate life
irrespective of their religion. Swamy’s outpouring It goes against the life
and work of Mahatma Gandhi, Maulana Abul Kalam Azad and scores of other
leaders and followers from all religions who participated in the freedom
movement, cutting across all sects.



Swamy’s ideas also go against the United Nations’ charters and particularly
the document, ‘Alliance of Civilizations’, which was produced by a high
level committee with scholars from many countries. This document points out
that world has progressed because of the interaction of different
civilizations. All civilizations have contributed immensely to the growth of
human race and its culture.



What Swamy is articulating is the blunt form of propaganda being indulged in
by different wings of Sangh Parivar, BJP, VHP. Vanvasi Kalyan Ashram and
Bajrang Dal etc. Same ideology is being percolated through the publications
of the Sangh Parivar, the schools run by them, the books being used by it
and the section of media. Similarly Clash of civilizations thesis is the
mainstay of the United States’ media in particular and other World media in
general.  This was exemplified recently when the terror attack in Norway was
attributed to Al Qaeda, but as it turned out, the attack was done by one
Christian Fundamentalist, a Norwegian.  At one level what Swamy is saying is
just the forthright summation of both these, RSS ideology plus US propaganda
put together. Such anti-Human ideas do promote hatred and are against the
ethical and moral values of United Nations and Indian Constitution, both. So
what does one do?



Just before Mumbai violence of 1992 Bal Thackeray in his mouth-piece Saamana
exhorted Hindus to take up arms. Many a vigilant civic action groups took up
the matter and wanted Thackeray to be punished for ‘hate speech’. Court
turned it down. The likes of Togadia are spewing hate with every outburst of
theirs’. No action possible! Freedom of expression! Hitler had gone a step
further, using the democratic space itself, he demonized Jews and other
minorities to bring in a fascist state and unleash the holocaust, anti
minority pogroms. Democratic system watched itself being subverted with
helplessness. The question is can democracy based on pluralism permit the
very forces which are pitched against its core value of pluralism? Can
Togadia’s and Swamy’s carry on their divisive agenda in the name of religion
without any hindrance, without any checks from the system? This thin line
between ‘freedom of expression’ and ‘hate speech’ needs to be delineated to
ensure that we are able to enhance the amity in human race, nurture
pluralism and diversity to ensure a better atmosphere, congenial for
progress of human race and in a particular the rights of weaker sections of
society and to curb the ideas which promote divisiveness in the society.

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