Skip to main content

Sec 295(a): 295 reasons too many to take offense?

Pride before a fall, they say. The only thing they don't say is how long before the fall. Let's take a case in point. India prides itself on a lot of things. Among those are secularism and a rich & envied cultural history. We're well known for our food,  dance forms,  and indigenous sciences,  among a long list. But what about the pride this fame brings?

Unfortunately,  all those who hope that the saying is true are right. It's what happened with Nupur Sharma, Munawwar Farruiqui, Mohammed Zubair and every person booked under IPC section 295A. All of these cases were filed by a random single individual and blossomed into nationwide movements. If the previous sentence doesn't call out the glaring faultline that this pride rests on, and makes it obvious, the next one will.  All it took for statements, addressing the expression of pride, by a free individual to be eligible to be counted as crime is for another such free individual, over-stuffed with pride, to wake up one morning in their tiny, disconnected Universe and scream "danger".  On basis of merit, better reason should outscore a disconnected Universe. On basis of majority, the disconnected Universe of the majority wins over any reason at all.

It is this very act of law -Section 295A of the IPC (a British legal relic) that has encouraged our offendability by normalising a disconnected identity. Today, anyone can wake up, feel "offended" and lay the groundwork for the next national issue all at one go. They don't need credibility, nor does their actual grouse. All they need is to claim that someone somewhere who doesn't know they exist, with their own particular set of values, has managed to offend them from that distance. That's all that is ever important till their disconnected Universe has been restored to its off-balance once again.

The law specifically speaks against "deliberate and malicious intent to outrage religious feelings". In a country where beliefs (and their many versions) grow on the next tree, it is practically suicide. The only thing "deliberate" and "malicious" about offense taken,  leading to action under it, is that we can be so high nosed about diverse views. 

Going by the origin of the law around 1929, the Indian Muslim community (ironically), then, demanded a law against insult to religious feelings because a book was published which hurt their sentiments. The publisher was not convicted because no law existed that could convict him. Enter Section 295(A). The lawmakers who passed it added that a writer might insult a religion to facilitate social reform by grabbing attention, therefore necessating the words, deliberate and  malicious intention.

It would seen that the only intent that would seem "deliberate and malicious", according to said individuals who live in tiny universes tucked into an otherwise interconnected world, is a challenge to a status quo that keeps their puny corner of the world untouchable, even at the expense of any other corner in the cosmos.

The only way that totally random, isolated individuals can stay away from overtaking national discourse with their baby cries is by ignoring the babies and their immaturity. Everyone knows what happens when an immature child throws tantrums and is obliged because we want to keep the peace, when the mature adults around them who don't throw tantrums know the value of compromise and evolve forward as one towards actual unity. But then we are in the habit of entrusting the whole future of our land to certain single individuals because we love worst case scenarios that do better over better case scenarios that possibly may not be, that are our only way out. Talk about desperation.

Comments

Popular posts from this blog

...and then they came for you

Sometimes it takes what seems like the wrong punch to get the right effect by an expected person - like the recent backlash by many Muslim countries about Nupur Sharma's statements on Prophet Mohammed. Just a disclaimer though: their response is not a complete defense of what many Indian Muslims go through in a stated secular country like India - whether it is by the 1976 assertion of "secular" in the Preamble or the claim that Hinduism is anyway secular making the former unnecessary. The international response is on an equal level to how many Muslims are made to face struggles at home in India. The mirror just flipped. It's all show and no substance, just with a different name.  The countries, which registered their opposition, practice a somewhat equal intolerance of beliefs other than theirs, as does the Hindutva brigade that has been on the rise in the past few months, whose words these very countries have raised an issue with. They, both, have the same cultura...

Anything but a headless response

When information overwhelms us, oversimplification is the order of the day - or that is the modern state that we have evolved to (if you'd like to call that modern). We are not capable of the patience of taking in, and keeping every detail, while we build a story that's truly worthy of all of them. That is the unfortunate case with how we react when we most need to, like the Nice killing.  Let's look at the information and calculate the oversimplification. We can, then, get a clearer picture and choose an adequate response.  The Information :  The adherents of extremist belief have decided that their belief ranks above humanity, enough to consider another human worthless (and worthy of death) just because they celebrate other values. One set of sacred values directly, and oppositely, clashed with another like they were sworn enemies to begin with - except that they were not.  It's just the wrong place for both to exist together. The...

Opt for the better political binary: Truth or Untruth

The world's going digital. Smart phones, AI, IT... practically everything is made easy, possible at the click of something, or at the very thought of it. It's all come down to 1's and 0's—as binary as binary can get. Sadly, this can turn into an bloody infestation where binaries don't belong, like politics. With its root beginnings themselves dubious enough, this is an added insult. This binary thinking makes us magnets who have to stick to only one side based on our polarity (which we apparently can't change). It's all involuntary, you see. It's always left vs. right, liberal vs. conservative, or capitalists vs. everybody else. Neither of two groups (whichever they be) recognise any ground in between. It's like a great abyss of death. Independent inquiry always makes you from the other side, depending on who's accusing you. You either play for the home team or the other team. One is wrong, the other right; one evil, the other p...