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© 2006-2018 Kasturi & Sons Ltd. -vijay kumar [email protected] - EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE CHENNAI THE HINDU 10 EDITORIAL FRIDAY, DECEMBER 28, 2018 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE India needs ‘individual acts of bravery’ We are at a juncture where fundamental notions of modern India are under existential threat and had the locks of the Babri rupt. Another aspect is anti­intel­ As a judge, naturally, I wonder if mosque in Ayodhya opened to lectualism, for the “enemy of fas­ the courts will save the Constitu­ Snooping or saving? Hindus. Every political party, in­ cism is equality,” and the target of tion. I am honestly sceptical about cluding the Congress and the BJP, such anti­intellectual campaigns this. Although the Supreme Court Proposed rules for online monitoring should has played communal politics with are places of learning, like univer­ has delivered some wonderful balance legitimate interest with privacy everyone in India — Hindu, Mus­ sities. How can the educated elite judgments recently, can the court Ajit Prakash Shah lim, minorities — in the search for know anything about anything, fully play out its role as the ulti­ aws seeking to regulate online activity, especially pliable vote banks. MEETA AHLAWAT the fascist believes. Only the myth­ mate defender of the Constitu­ on social media, will have to be tested against two In contrast, an exhibition of ical “common man” can know tion? The past record of the judici­ Lfundamental rights: free speech and privacy. Reg­ vents over the past few years true “secularism” would be open­ rations essential to a nation that what is right; note the emphasis ary in testing times is not very ulations that abridge these rights tend to operate in have prompted many to revi­ ended, either agnostic or, at the preserves individual liberties. It is on “man”, which includes no wo­ encouraging, if we think of the both positive and negative ways. For instance, statutory Esit the idea of individual free­ other extreme, in a country like In­ for us to protect it from neglect men, or racial and sexual minori­ Emergency. New allegations that norms relating to data protection are seen as essent ial dom. Indeed, not just in India, but dia where faith is so central, multi­ and disrepair. ties. The similarities do not end the former Chief Justice of India to protect citizens from any breach of their informa­ elsewhere too, the idea of indivi­ religious. Most importantly, at its It was B.R. Ambedkar, the key there. Unlike liberal democracies, (CJI) was perhaps being “remote dual freedom is under intense heart, true secularism would be driver of the Constituent Assemb­ based on freedom and equality, controlled” do not invite much tional privacy; but attempts to regulate online cont ent scrutiny. Are governments across driven by universal values of truth, ly, who said: “The assertion by the fascist regimes posit the dominant confidence either. are seen with suspicion. The latter category evokes the world increasingly posing a compassion and equality, which individual of his own opinions and group’s interests as the ultimate, A few other things trouble me doubt whether they violate their freedom of expression threat to liberty? By corollary, are are fundamental values that strad­ beliefs, his own independence and unquestionable truth. The domi­ too: our present CJI, before taking (as enforcement of such rules may involve blocking fascist policies and rhetoric on the dle all religions. interest as over and against group nant group is also always the vic­ office, publicly lectured about in­ websites, disabling accounts, removing content and in­ rise? In 21 Lessons for the 21st Centu- standards… is the beginning of all tim of the situation. They rely on dependent judges and noisy jour­ tercepting communication), and amount to surveil­ Persons with a liberal bent of ry, Yuval Noah Harari captures the reform.” These ideas also find conspiracy theories to justify calls nalists. Just recently, the judicial lance that breaches privacy. Two official documents, mind, who prize individual free­ essence of these values beautiful­ their way into the Constitution. to power. And most tellingly, fas­ system allowed a journalist in Od­ doms like free speech, gender and ly. Truth, not to be confused with Even as the Constitution was be­ cist politicians promise a law and isha to remain in jail for over a one of them a draft proposal, that seek to introduce racial equality, are especially trou­ belief, has no sole custodian. ing written, even as the leaders of order regime designed not to seek month for making certain remarks changes in the way rules for interception and monitor­ bled, for our country appears to Truth is based on observation, evi­ the independence movement out offenders, but to criminalise about the Sun Temple in Konark. ing of computer­based information are applied have be at a juncture where fundamen­ dence, and inference, and is acces­ were negotiating for our freedom, outliers, who are usually ethnic, Our Supreme Court even refused caused a furore. The first was an order authorising 10 tal notions of modern India are un­ sible to all. Compassion comes Hindutva forces present at the religious or sexual minorities. Pro­ to grant him bail, reportedly re­ agencies under the Centre to implement Section 69(1) der existential threat. from an understanding of suffer­ time — the days of the advent of fessor Stanley has the U.S. in marking that if one’s life were in of the Information Technology Act, as amended in ing: a compassionate person does the Hindu Mahasabha, of Veer Sa­ mind, but surely there is some re­ danger, what better place was 2008, which allows interception, monitoring and de­ About secularism not kill not because their faith tells varkar and B.S. Moonje — were sus­ sonance closer home. there than to stay in jail. When the One particular freedom that has them not to, but because they picious of secular ideas. They Today, we live in an India where court is angered about the publica­ cryption of information transmitted through or store d come under fire is the freedom of know that killing causes immense were, instead, great admirers of we are told what we can and can­ tion of information pertaining to in a computer resource. The other is a draft proposing practising one’s own religion. Per­ suffering. And the universal value Hitler and Mussolini, with Moonje not eat, what we can and cannot the working of critical public insti­ changes to the rules framed in 2011 for “intermediaries” sonal freedom is very often asso­ of equality comes from a recogni­ even going to Italy to meet the lat­ watch, what we can and cannot tutions like the Central Bureau of such as Internet and network service providers and ciated with secularism, which, as tion of both truth and compas­ ter, and Savarkar justifying Hitler’s speak about, and who we can or Investigation on grounds of confi­ cyber­cafes. While the order listing 10 agencies does received from the Western canon, sion, empowering people to never treatment of Jews. cannot marry. Dissent, particular­ dentiality, one cannot help but not introduce any new rule for surveillance , the latter is the separation of church from substitute “uniqueness” with “su­ This suspicion continues ly in universities and public spac­ worry. envisages new obligations on service providers. state. Sometimes secularism is al­ periority”. Everyone may be un­ amongst the legatees of the Hindu es, is being curbed. Sloganeering All this has made me less opti­ so seen as a negation of religion ique in their own way, but they are Mahasabha, in their mistrust of and flag raising have become tests mistic about the judiciary doing its A critical change envisaged is that intermediaries completely. Indeed, many reli­ all still equally unique — no one be­ the Indian Constitution, for it is for nationalism. Journalists are bit. Ultimately, it is the people who should help identify the ‘originator’ of offending con­ gious leaders taught that secular ing more specially so than the oth­ this document borrowed from shot dead at point blank range for will protect the Constitution, and tent. Many were alarmed by the possibility for surveil­ people do not believe in gods. But er. Ultimately, we cannot find Western ideals, they believe, that the views they hold and propa­ all of the wisdom it contains about lance and monitoring of personal computers that this in my view, even if you are a tem­ truth, or learn compassion, or ap­ obstructs the idea of the Hindu gate. Not long ago, the police ar­ personal liberties and individual rule throws up. The government has sought feedback ple­going Hindu or a devout Mus­ preciate equality if we have no Rashtra. In today’s India, as a re­ rested five political activists essen­ freedoms. Professor Stanley from social media and technology companies, but it ap­ lim, you can still be secular.

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