Just as India celebrates the 75th Independence day, it is time to introspect our own approach to professional life and whether we are unconsciously pursuing a path which is negative and self destructive.
Let us remember that our freedom has to be protected by our Constitution. We all consider the Constitution as sacred. But our politicians who are more concerned about their vote banks have successfully corrupted the constitution with “Appeasements” of all kinds and today our Constitution does not support the basic principle of democracy which is “Equality for all”. Caste and Religion are the basis of all our political decision making and our Constitution supports this discrimination and our Courts uphold the constitution.
Similarly, when it comes to Freedom of Expression and Right to Privacy, our intelligentsia appear to have a misplaced priority that “Freedom” means license to do what we want. “Duties” appear to have no place in our law and only “Freedom” matters. It appears that “Jungle Raj” is the dispensation that represents “Freedom”.
In pursuing this policy, we are endangering our society’s existence and soon all our concerns for Privacy and Freedom will be drowned in the Jungle Raj. What is happening in Afghanistan is staring at our face. What is currently happening in Afghanistan can happen in India when we schedule our 100th year independence.
People are more worried about “Climate Changes” that can affect us in the next 25 years than the political changes that may sweep us off our feet and make climate changes irrelevant.
It is necessary for our intelligentsia to foresee the probability of our country being destroyed by not being strong and not supporting the “Right to Security” as the fundamental of the fundamental rights of citizens.
Yesterday, the Mumbai High Court has stayed the operation of part of the Information Technology (Guidelines and Digital Media Ethics Code) Rules 2021 indicating that “Ethical Code for Digital Media” is an intrusion on the Freedom of Expression. (Refer report on livelaw). The essence of the judgement is that Digital Media is a privileged medium and will not be subjected to the same ethical codes that the Print Media and the TV medium is otherwise subjected to.
It is difficult to appreciate that “Voluntary Ethical behavior” could have a “Chilling Effect”. In fact not having a ethical behavior and purveying fake and motivated news has made digital media the most potent weapon of destruction of our society.
The Court failed to visualize the dangers of fake news purveyors presenting themselves as part of the fourth pillar of democracy. The decision is therefore disappointing.
I was also listening to an erudite discussion by some experts recently on the “Necessity” and “Proportionality” principles in applying surveillance laws. We are all very eager to say that the Privacy law being formulated in the Country is giving too much power to the Government without understanding the need for “Empowerment” in a law and how all international laws of similar nature also have similar empowerment. But we seem to trust the GDPR authorities more than our own authorities and hence we try to reject our laws on the basis of some semantics and argue that “Necessity” and “Proportionality” are not the same.
I fully understand and respect the need for a democratic country to respect freedom of speech and right to privacy to the extent that neither the Government nor the Business should misuse and make the citizen uncomfortable with excessive controls.
However, I am not sure if the experts in a bid to express their commitment to Privacy and Freedom of Expression as democratic right are forgetting that these rights become relevant only if the society is able to survive as a democracy. The world is not as beautiful as we would like it to be. Look at Afghanistan. The tragedy is that all the “Freedom lovers” of India have no view on Taliban and the danger it poses to the world.
We in India are well on our way to inviting destruction of the country. There are dangers of the country being torn to pieces because some of our politicians are power hungry and place their individual corrupt practices well above the national interests.
At this time, “National Security” is a fundamental priority of the country and the Courts and Activists need to take a deep breath and self introspect if their concept of “Chilling Effect” is misplaced.
On this 75th Independence day, we donot know if after another 25 years, India will remain as it remains now unless we take some serious measures to correct the way we think what “Right” and “Freedom” is vs “Unfettered freedom” which is a license for Jungle Raj.
It is therefore essential for us to place our priorities right. We need to declare that “Security of the Nation” should be our priority.
When laws are made, Courts should not focus on how we defeat the law but try to find out how best the law can be implemented with checks and balances to prevent its misuse.
Rather than staying the operation of the Intermediary guidelines, if the Court had directed the Government to set up appropriate measures to prevent misuse, it would have been more constructive.
But our Courts are not interested in guiding the Government to better governance. They are slaves of their own perception that a non performing Government is better than a performing Government and the most important duty of the Judiciary is to prevent the Government from functioning on any pretext taking a stand as a “Protector of Constitution”. It is the same Courts which allowed our Constitution to be amended and bringing in all the “Appeasement Politics” into the Constitution and have to take the responsibility for the present constitution which proliferates inequality and inefficiency.
We can appreciate the Courts if they can come up with positive suggestions on how the law is to be corrected rather than passing judgements striking down actions of the Government. I am aware that this is difficult. They have the power to read down the law and allow that law as drafted may continue with the read down meaning rather than using the sledge hammer and striking down the law or staying a law.
One wiseman said thinking is difficult and we therefore “judge”. This applies aptly to our Judiciary.
On this 75th Independence day, we must decide to change this attitude.
I therefore request all erudite professionals who criticize the Government actions, all journalists who champion the freedom of speech and all Courts who uphold such freedom start thinking,
“If I am the person who is taking the executive decision which I am unhappy with, what would be the alternative solution I would suggest”.
May be the future of India would be better if all of us develop such a positive thinking, though it is difficult.
Naavi
