Why I filed a complaint under section 295A
Today, Along with some friends I filed a complaint against Vishal Dadlani and Tehseen Poonawala for their derogatory tweets on Jain Muni Tarun Sagarji Maharaj, under section 295-A of the IPC.
What was the reason for filing this complaint?
For an avowed supporter of absolute freedom of speech and expression, it has been a very painful moment , personally, to file a complaint using such an archaic law. The issue is, that in our country, we do not have absolute freedom of Speech, even though it was guaranteed by the constitution, however that right was taken away by the first amendment to our constitution wherein FoE was subjected to "reasonable restrictions", with no definition.
In this amendment, alongwith section 295A of the IPC, we effectively have an anti-blasphemy law in place, without even knowing it!.
This law is being extensively used against people, especially by leftist-socialists and Islamic apologists. Recently, this section has been applied against kamlesh tewari in Uttar Pradesh, and also the draconian NSA has been imposed on him. He has been in Jail for a considerable period of time for doing something not too dissimilar from what these two gentlemen have done.
If this is the law of the land, then it should be applied universally and to each and everyone who mocks religion, religious figures, icons etc.
If the people find this excessive, then it should NOT be applied to anyone, and this section 295A should be removed from the IPC.
It is for all of us to decide what is good for the discourse in the country. I am extremely uncomfortable about restricting FOE, but if my FOE is restricted, then there is no reason why others should have unrestricted FOE. The Majority community in India, has been very, in fact excessively, tolerant of transgressions against our Religion, religious icons and leaders. I feel, it is time to take a stand and change this.
This is my small contribution to the debate on Freedom of Speech/ Expression. For what is FOE if not the freedom to offend.
Mukul Agarwal
Today, Along with some friends I filed a complaint against Vishal Dadlani and Tehseen Poonawala for their derogatory tweets on Jain Muni Tarun Sagarji Maharaj, under section 295-A of the IPC.
What was the reason for filing this complaint?
For an avowed supporter of absolute freedom of speech and expression, it has been a very painful moment , personally, to file a complaint using such an archaic law. The issue is, that in our country, we do not have absolute freedom of Speech, even though it was guaranteed by the constitution, however that right was taken away by the first amendment to our constitution wherein FoE was subjected to "reasonable restrictions", with no definition.
In this amendment, alongwith section 295A of the IPC, we effectively have an anti-blasphemy law in place, without even knowing it!.
This law is being extensively used against people, especially by leftist-socialists and Islamic apologists. Recently, this section has been applied against kamlesh tewari in Uttar Pradesh, and also the draconian NSA has been imposed on him. He has been in Jail for a considerable period of time for doing something not too dissimilar from what these two gentlemen have done.
If this is the law of the land, then it should be applied universally and to each and everyone who mocks religion, religious figures, icons etc.
If the people find this excessive, then it should NOT be applied to anyone, and this section 295A should be removed from the IPC.
It is for all of us to decide what is good for the discourse in the country. I am extremely uncomfortable about restricting FOE, but if my FOE is restricted, then there is no reason why others should have unrestricted FOE. The Majority community in India, has been very, in fact excessively, tolerant of transgressions against our Religion, religious icons and leaders. I feel, it is time to take a stand and change this.
This is my small contribution to the debate on Freedom of Speech/ Expression. For what is FOE if not the freedom to offend.
Mukul Agarwal
