Eminent
historian Romila Thapar has said the media should investigate claims made by
sections of society that their religious sentiments had been hurt to justify
their demand for banning books.
When
some organisations claim that the religious sentiment of an entire community
had been hurt by a book, “the media's first reaction should be to investigate
the claim. Which organisation is making the claim, which fraction of the
community has been hurt, and more than that, are there factions within the
organisation that are using the book as ammunition to attack other factions?,”
Prof. Thapar, Professor Emerita, Jawaharlal Nehru University, said in a lecture
at the 12 convocation of the Asian College of Journalism on Thursday, which was
observed as World Press Freedom Day. The
recorded version of her Lawrence Dana Pinkham Memorial Lecture for 2012 was
played for the audience. Speaking on ‘Reporting History – Early India,' she
explained why reporting on historical subjects is an intellectual challenge, if
its intention is to project the kind of knowledge that historians are
exploring.
“Though
we proclaim to be a democratic culture that nurtures freedom of expression, we
do not stop to think before we rush to ban books,” she said. And she went on:
“Curiously, the core reason for banning a book usually has to do with something
historical. What is the historicity of Satanic Verses in
Salman Rushdie's book? Was James Laine correct in questioning Shivaji's origins
however indirectly, or Joseph Lelvyveld in speaking of Gandhi's friendship with
a gay friend? Should Ramanujam have discussed the many versions of the Ramayanas?
Should Peter Heehs be prohibited from staying in India because he has written what
some think is a critical book on Aurobindo?”
Prof.
Thapar said the politics behind the demand for banning a book should be
identified, as such demands were motivated by groups competing for authority,
however localised it might be. “We have not questioned the statement of
colonial writing that Indian identities are religious identities, so we also do
not question the right of any religious organisation to claim that it is
speaking on behalf of an entire religious community,” the historian said.
She
was of the view that instead of continuing to see ourselves primarily in terms
of religious and caste groups fighting for community rights, “should we not be
demanding, with much greater emphasis, a society that gives priority to social
justice as a right in itself?” And rethinking one's identity, she said, should
be through a thoughtful, questioning and evaluating process involving
sensitivity to both the past and the present.
Constitutional
expert Fali S Nariman and former attorney general Soli S Sorabjee on Thursday
told the Supreme
Courtthat it would be judicial overreach if the Supreme Court framed
coercive media guidelines on reporting ongoing criminal trials.
The ominous warnings from Nariman and Sorabjee came on the concluding day of
the over month-long deliberations by a five-judge bench comprising Chief Justice
S H Kapadia and Justices D K Jain, S S Nijjar, R P Desai and J S Khehar, which
heard wide-ranging arguments from counsel on the need for framing guidelines
for media on reporting of trials.
Sorabjee
said, "The Supreme Court should not take upon itself the task of framing
any guidelines which are coercive in nature. This is a legislative function.
Court-framed guidelines would take away the right of a citizen to challenge
such a guideline had it been framed by Parliament or a state legislature."
However,
he agreed with the bench that the apex court could enunciate the principles
based on earlier verdicts, drawing the contours of press freedom which would be
applicable to very limited cases where the right of the accused to fair trial
was prejudiced. "You can enunciate the law, but no guidelines," he
said.
He
said the apex court must not confuse interest of media in a high-profile case
with media trial. "True media cannot hold a parallel trial by commenting
on the guilt of an accused during the trial, but surely it can discuss if
someone should have got bail or not," he said.
Nariman
was more forthright. "All that was needed to be said on press freedom and
restriction has been said in the Constitution and there is no vacuum for the
court to contemplate laying down guidelines. Normative guidelines, which
attorney general G E Vahanvati also agreed to, will surely be respected by the
media. The apex court is held in high esteem and there should be no misgivings
about the media honouring such normative guidelines," he said.
The
bench said it never intended to punish journalists but let them know the
'Lakshman Rekha' while exercising press freedom in reporting ongoing criminal
trials. "This will protect the journalists from possible contempt
proceedings as well as prevent prejudice to accused," the bench said.
But
Nariman was unconvinced. He said, "The right to free speech and expression
guaranteed under Article 19(1)(a) of the Constitution is limited by the
restrictions enumerated in Article 19(2). There is no gap to be filled by the
apex court. If there is a need for additional restrictions, it has to be done
by Parliament or state legislature."
He
said there were enough restrictions and powers conferred under the Contempt
of Court Act to regulate media reporting. "Anything which is not
part of the Contempt of Court Act cannot be inserted by the Supreme Court as an
additional restriction on press freedom. Let us not go to the jurisdictions in Canada and Australia, for
our Constitution is long enough to cover all fields," he said.
Senior
advocate K
K Venugopal said the best way to deal with unscrupulous reporting of
trial proceedings was to examine case by case whether there was anything
published which would prejudice the accused or impede administration of
justice. He also suggested that media guidelines could be built into the
journalist accreditation norms to make them more accountable towards fair and
accurate reporting. dhananjay.mahapatra@timesgroup.com
Mind
never works by a thesis alone. It needs an antithesis for its clarification and
direction. In the linguistic department of St. Petersburg University
we had an anecdote, which may clarify my point here:
“A lecturer presents a book written by X and says at the end of his
presentation: “if somebody tells you that this book is written not by X but by
Y, you should not believe it! You should be totally sure that this book is by
X! Do you have any questions?” And there is a question from audience: “Is the
book written by X or by Y? Tell us straight!”
The context influences and even defines the meaning. It shadows out light in a
particular way and gives it a new color, as it were. When something is spoken,
the meaning is not exclusively derived from what is said but also from what is
not said and mainly from the context in which it is spoken. So Sri Aurobindo’s
Life is now given a new context in PH’s book, which is of the western approach
to life. And here lies the problem.
So, instead of trying to see our modern life in the context of Sri Aurobindo’s,
PH, as a historian, brings Sri Aurobindo into our own western context, and even
tries to defend and justify him in it, sometimes with a partial success. After
such a presentation we discover that Sri Aurobindo is quite a healthy
individual, and not some kind of schizophrenic, reasonable poet and writer, a
good philosopher (again it’s a matter of opinion) and quite an honest seeker
for knowledge, to say the least. In other words: a good guy.
For the Indian mind it is a misplacement of all the issues, for the western it
is a true and honest account.
The
issue is not whether the perspective of Peter Heehs is Indian or Western, but
whether it is spiritual or materialistic, and it is obviously leaning towards
the latter. The issue is also which set of values you would like to support and
cherish, and put into practice in your own life. Simply putting on a show of
wide-mindedness and saying that both Indians and Westerners are right in their
own way won’t do. You have to take sides in life, you have to choose between
materialism and spirituality. I trust that many Westerners in Ashram and
Auroville have made a conscious spiritual choice; otherwise they would not have
flown ten thousand miles to settle in a remote corner of Tamilnadu. If they
simply wanted to follow the current materialistic trend, they would have
remained in the West.
The
problem with Peter Heehs is that he wants to please everybody (somewhat like
you), please the spiritual-minded by making a few positive statements on Sri
Aurobindo and please the academic by deconstructing him from the materialistic
point of view. This is plain dishonesty. I don’t mind him being a downright and
unpretentious materialist condemning Sri Aurobindo, though I, as well as you,
would then object to his staying in a spiritual Ashram and being the chief
editor of Sri Aurobindo’s works. But this kind of jumping from one world-view
to a diametrically opposite one and then jumping back to the first position can
only be termed as theatrics or monkey tricks. What this kind of behaviour
actually reflects is his inability to do the Integral Yoga, and instead of
simply saying that he is not fit for it, he has to bring down Sri Aurobindo to
his level to justify his own failure. Well, nobody made Yoga compulsory for
him!
I
repeat again that this is not an Indian vs Westerners issue as has been
presented by many supporters of Peter Heehs, because there are Indian
materialists and Western spiritual seekers. It is true that Indians take to
Yoga more easily and that Westerners are better at material organisation, but
there is no essential difference between them. The Integral Yoga is common to
both and there are no separate directions for Westerners. The truth is that
Peter Heehs has found more supporters on the issue of his deportation and not
with regard to the actual contents of his book. Westerners are a minority here,
so they are obviously going to defend him on this issue because of the
underlying concern for their own visas. But what is less known is that many
Westerners do not dare to speak against Peter Heehs because the Trustees of Sri
Aurobindo Ashram will then withdraw their visas. Caught between the Govt and
the Trustees, they observe an uncomfortable silence.
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