CURTAILMENT OF SECTION 66A: A VICTORY FOR ‘FREE EXPRESSION’

Chennai, March 24: Many people welcomed the Supreme Court’s decision to declare section 66A of the IT Act as unconstitutional.

Most of the people who were approached to give their comments were not aware of 66A. Many of them also said that they are not quite aware what internet censorship means since they have been posting ‘anything’ online, without fearing repercussions.

Recently a class ninth student was arrested for writing ‘derogatory comments’ about politician Azam Khan in Uttar Pradesh. We also cannot forget the incident that occurred right after Bal Thackeray’s death in Mumbai when two girls were arrested for condemning the ‘bandh call’ by ‘Shiv Sainiks’.

There are plenty of reasons to fear about expression one’s opinion on social media, even after the curtailment of 66A.There are various other sections under which one can be arrested.

The curtailment of 66A is definitely a good decision and people across the section welcomed it.

“The Section 66A of the IT Act is unconstitutional as it violates the Fundamental Right concerning Freedom of Expression. It is harmful for democracy too” says Suhrith Parthasarthy, a lawyer in the High Court. If the concern here is ‘malicious content’ like hate speech then there are various other laws under which a person can be prosecuted so we really do not need section 66 A”.

Parthasarthy adds that the law did not clearly defined what constitutes ‘offensive, menacing and annoying’ content. This vagueness was also a reason of concern.

The Supreme Court has quashed section 66A of the Information Technology (IT) Act by terming it unconstitutional. The Act curtailed freedom to post any content online which is of menacing character; or false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult injury, criminal intimidation, enmity, hatred or ill will.

Sathish Kumar, who is involved in the Non-Government Organisation (NGO) ‘Give the life’, believes that to some extent restrictions are required. He says “pornographic contents are harmful for youngsters and so we need to block those. I feel the same about ‘hate speeches’. But this decision of the Supreme Court is good as 66A was misused.

There were a host of cases filed under the 66A IT Act. One of the famous cases was that of Aseem Trivedi for drawing ‘derogatory’ cartoons depicting the Parliament and some national symbols. He did it to show his anger about corruption is politics.

Mithuna C S. and Abhinaya are Information Technology professionals who also expressed some concerns. Mithuna says that, she thinks hundred times before posting anything online. “Most of the time, my posts are intended only for fun but I get scared that these posts can arrest me. I do support the curtailment of 66A, although I have not read about it much”.

Abhinaya says that freedom should be limited and freedom does not mean freedom to do anything. “I think we do not need 66A as I believe in self restrain and control, that is, knowing what to post and what not to” she says.

The youths resent any sort of censorship on social media since it has become a tool, not just to express themselves but also a vent to bring out their frustration of the government and the bureaucracy.

A HOME FOR THE ‘SPECIAL CHILDREN’

Chennai, March, 26: It is a humid Thursday afternoon and the Swabhimaan is abuzz with activities. There is a small room where the kids are engrossed with their paintings and games. Light music can be heard from another room. This is the way these ‘special children’ are taught in Swabhimaan, a Non-governmental Organisation (NGO) committed towards the holistic development of children with Autism.

The World Autism Week is around the corner, that is, 2^nd April and Swabhimaan plans a lot of events and awareness camps in this month. “We are planning to release a few books in the end of April”, informs Dr. P.K. Partheeban.

The director/founder of Swabhimaan Dr. P.K. Partheeban (also a doctor) appears very passionate to talk about the problems faced by the children and the kind of education given to them.

He says that he has seen just 2-3 cases where an autistic adult has found a partner and most of them are ‘near normal’ when it comes to the intensity of Autism. “Finding a partner is difficult as they cannot relate and express themselves. When it comes to sexuality, there is not much participation and the other partner has to engage more”, he says.

“It is not a very good idea to meet the children now or to see them work as they are very sensitive to new situations and faces and it might make them stressful” says Dr.Partheevan.

He is quite committed to the welfare of the children and he informs that he went to do his Masters in the Scotland University to study this specific course on Autism and mental health.

He says that, “People look at disability in terms of physical incapability but an autistic person is physically ‘normal’, so it is invisible and hence the common man is seldom aware of it Swabhimaan runs a school for ‘special children’ and incorporates different strategies to educate them. They also conduct awareness programmes for the autistic children and train their teachers.

According to Ms. Kumari, teacher and administrator, says that the children have mood swings, inner upheavals, sensitivity towards new situations and socialisation. As each child is different the ways to engage them will vary, she says.

Just outside the NGO, there are many colourful cycles, tables and a swing for the children. 

“Extracurricular activities are emphasized and incorporated in into the methods of teaching and it is required for an all round development”, says Kumari.

Partheeban says that, “these children lack social skills like communication, organisation and socialisation. Hence they are often misunderstood and neglected. Empathy is more important rather than sympathy”. 

He informs that inclusive education is still a dream in our country. In western countries the school is the same for the ‘normal and the special’ children. The filtering is done only at the level of course designing or syllabus but the classroom is one.

Autistic persons remained absorbed in their own world as their central processing activity in the brain is delayed. Awareness and empathy are important factors which can make them a part of our society. 

A temple saved form drowning unifies 33 villages

Malali: “Culture is important largely because it keeps us connected to our old life and is a reminder of our roots”, says Devraj, the ex-chairman of Malali gram panchayat. Malali is a village in H.D. Kote in Mysore District and is only one and half an hour from Mysore.

Malali is a resettled village just like 32 other villages in the area which was submerged after the construction of Kabini dam in 1974. However, the Mahadeshwara temple, a famous temple in the area was spared. The cultural life of the all the villages still revolve around this sacred Shiva temple. “It is our ancestral temple and we all pray there on every occasion”, says Satish, a resident of Malali.

Devraj sat on the portico, putting the invitation cards in the brown envelope. “These are invitations to each and every household in all the 33 villages who look forward to this ‘yatra’, he said. He showed a lot of enthusiasm as he spoke about their colorful annual temple festival.

“It is a three day annual festival and all of us go to the temple by crossing the river.  Since the temple did not get submerged we are able to carry out all our traditional rituals “, he says.

But the temple festival that all the villages look forward to each year is more than just a religious ‘ritual or pilgrimage’. It is festival which brings together people cutting across religion and caste affiliations. A resident of Malali, Puttetappa said that the Mahadeshwara temple festival is not exclusive to upper caste Hindus; it includes all the 33 villagers.

Devraj says, “It is a festival which is completely organised and sponsored by villagers”. The Muslims and Christians even donate more than the Hindus and show equal zest in participating in all the events. The Schedule Caste and Schedule Tribes also participate.

Devraj gave a few photos from his personal album and these photos speak a lot about the vibrancy, colorfulness and euphoria associated with the Madeshwara Temple festival every February. The interior of the temple is spacious and the structure is largely supported by many pillars. It is coloured in yellow and there are shades of white and blue in the walls and roof.

The ‘inner temple’. Photo credits: Guru Studio, H D Kote

The three day festival initiates with the ritualistic bath of Lord Mahadeshwara (Shiva) as the idol is decorated and taken for a boat ride. The lord is worshipped in a traditional fashion accompanied with the sound of drums and conch shells. Then the idol of Shiva is taken in a chariot with a procession. The procession is carried out with the sound of traditional musical instruments and bells.

Lord Shiva taken on a boat ride and the ritual bath. Photo credits: Guru Studio, H D Kote

The chariot is a very important part of the festival. The chariot seems to be around 12 feet in height and is a riot of colours. It is vertical and triangular in shape and made up of bamboos, tied together in jute ropes and nuts. Then the chariot is covered with colourful and glittering clothes of different colours.  The villagers then sit together for lunch beside the river bank and the ‘prasadam’ is distributed.

The chariot. Photo credits; Guru Studio, H D Kote.

Another attraction of the festival is the ‘cattle exhibition’. The cows and bullocks are taken to the fair decorated with flowers of myriad hues and their horns painted or wrapped with red cloth. The cattle are taken to the festival as a part of the tradition and there is no selling or buying of cattle in the fair.

One of the photographs shows people from different communities and tribes gathered together to witness the cultural programs of dance, drama and music performed by children in the late evening. Devraj says, “It is through this festival that we go back to our old life for a while and stay in touch with our people”.

Festivals like this prove that religion can also bring communities closer and is not always a source of clash and conflicts.

Musings on the beach

The sea is absolutely delightful just because you can feel it, without actually getting soaked in it, the smell of salt and air and the sound of waves. You just need to sit on the beach. I have often wondered why everything vast and limitless inspires me to write? Why is it emotionally so overwhelming? The sky, the sea. There are no answers but I can very well say what I feel. I once sat on a beach in Chennai till late night……..

I am staring at the sea, right into it and I feel as if am inside it. I wonder where it begins and ends, its width and its length. Everything must have an end. Everything, all around us must finish somewhere and leave space for others. And finally, everything must have a beginning, so that it can end somewhere. They say the seas are endless and yet it leaves space for all others, around it and within it. It nurtures so many species under its mysterious womb. But I am only thinking how can it not end or begin?

For me it seems to begin right on that beach, but I know beyond my eyes it should end somewhere. As of now it is so silent all around, and the beach has never been better.

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LOST

I am in the midst of nowhere…… I sit under the sky, and I stare into the blue…..

A cloud floats in the sky, the sky is so vast and the cloud so lonely. But still it does not stop, it goes on with the wind hoping to find something on the way, may be it can touch other clouds and be a part of them or perhaps it is searching for the perfect rainbow. The cloud flies in every direction, it travels all around the sky. The cloud realizes that the sky is endless and so is its journey, and so is its quest to find the perfect rainbow and shine with it, and that her life may end ‘as water’ but her quest will remain incomplete. The cloud no more wants a ‘perfect rainbow’, it no more wants to fly with the wind. The cloud does not know what it wants…it is so lost in the emptiness within itself, from outside.

The cloud knows that nothing can be perfect and that it is possible to be very happy within that imperfection. The cloud just wants to be happy in the sky and cling to it, it can’t fall onto the earth so soon, so young. The quest is lonely now, but the cloud knows it has to just keep going, it has to find something…..the only question is find what??

I get up, I walk away from its emptiness, the hollow is all around me.

LESSONS FROM LIFE

I am from Bhubaneswar, the capital of Odisha. I heard that I was born on a hot, sultry afternoon in June, although I am not very fond of such weather! The doctors said my position was complicated and so were my chances of survival. But since then, life has been easy for me, and survival very smooth. I was a spoilt child, who was pampered by her grandparents and gently admonished by her parents. Soon, my sister came to my life too.We grew up listening to stories about fairies, ghosts and Hindu mythological legends, from my grandparents. This convinced me that, goodness always wins, no matter what odds it faces. It was only after I came out of the cocoon of my rosy eyed childhood, and faced the world, I realized that goodness in fact rarely has any takers. Manipulation works better sometimes.
My school life was somehow boring, although in retrospect I would say that I miss it sometimes. School life seems to me now, as if it all happened in some another life. I was shy and an introvert and followed all the rules. Teachers adored me. Perhaps being ‘too good’ made my school life a bore! But I realized that school is all about what Chomsky calls ‘manufacturing consent’ for values that society upholds.
Now as an adult, I speak the language of deviance, according to my acquaintances. It is very obvious, being a feminist, I often face a lot of ‘flak’ from ‘traditionalist’, ‘conservatives’ and from people who do not understand what it means.
The next five year after school, made me extrovert, although I did not learn anything, neither from friends nor from teachers. The major transformation of thoughts and evolution of ideas happened during my masters, on which I will elaborate later.
Now, a few words about my city, Bhubaneswar in every sense is ordinary. It is neither endowed with gifts of nature nor is dotted with exotic tourist locales. It’s also not a city on which you can write a book about. It is neither a citadel for rash politics, glamour nor has any tryst with 'shrewed' mafias. It continues to be a fine place to have an average career and good family evenings. The second thing, I realized that I do not want to be ‘average’ or ‘ordinary’. I am a person who craves for fame (yet aspires to remain simple on the personal side). I knew that I have to one day leave the city and fly off to those cities which gives you chance to rise up in your career, squeezes your knowledge, challenges you and success lets you win a large pie of the ‘good life’.
So, after graduation I moved to a better university than my city offers. I did my masters in the University of Hyderabad. It was the campus and the intellectual social scientists from whom I learnt a lot about the society, higher philosophies, dealing with myriad ideas, all of which helped me decipher a bit of life. My mentor taught me that it’s possible to be very professional and yet have an overtly humane side.
My friends taught me that you can have radically opposite viewpoints and still be friends. I learned the fourth important lesson, that the word ‘normal’ is an illusion. The quote ‘what is normal for the bee is chaos for the spider’ made a lot of sense. I started shedding my earlier inhibitions, this allowed a diverse group of individuals to enter my life, all of whom dropped their pearls of wisdom, into my rather naïve and fixed outlook.
Now, I am into journalism and I know this means a lot of hard work and struggle. I am more than willing to do it, since I know hard work and passion for the job is the guarantee for success. I feel that it is the path which is more interesting than the goal and I feel the excitement, as to what kinds of challenges this path will bring.
On the personal front, I will always face the challenge of keeping my foot firmly on the ground while letting myself grow wings that touches the skies.

MAHARASHTRA AND HARYANA ELECTIONS 2014: BJP EXPECTING ‘BIG VICTORY’

Modi is changing some old ideas of Bharatiya Janata party(BJP) , this was evident as Jothish Nair, the national executive of BJP’s national intellectual cell said about Vidarbha. When asked about the statement made by the PM about assuring an undivided Maharashtra, which is contradictory to the Party’s earlier advocacy for a separate Vidarbha, he said, “Modiji will only be supporting ideas that help the country to grow in a faster pace. Many earlier BJP impractical decisions were vetoed by Modiji and Vidarbha could be another”.

Hectic campaigning by Modi and other BJP leaders show the way in which BJP is gearing up for assembly elections in Maharashtra and Haryana. The party is very positive about emerging victorious. Media is also speculating BJP emerging as the single largest party, yet falling short of seats to form a government; a hung assembly can’t also be ruled out. According to the National Executive member of BJP’s national intellectual cell, Mr. Jothish Nair, “Political observers give BJP the edge and it will be the single largest party. BJP would garner 110-120 seats which mean it will be short of 25-30 seats for forming government”.

In such a situation the party will search for possible allies Mr. Nair opines that NCP will be marginalized and will become irrelevant;so they will give support from outside.But post poll alliance between Sena and BJP can’t also be dismissed.

The statement seems surprising as shivsena and BJP recently called off their 25 years of togetherness but according to Mr. Nair, “It is a strategy of Hindutva parties to fight separately. In future, there will only be BJP and Sena as major parties in Maharashtra. Ultimately the ideology of Sena and BJP is not much different. In 2019 elections too Sena and BJP would again fight separately”.

He said that Modi is a super strategist and one of his main agenda is to remove Congress party run by the Nehru dynasty from Indian political scene. He also criticized the Congress governments as mere extensions of the British policies and it is important to free India from the Congress rule. Also in the game of politics no one is a permanant friend or enemy In 1999 also Congress and NCP fought separately & joined hands after polls to form government.

This election may appear promising for BJP yet critics say that it’s necessary for BJP to move beyond ‘brand Modi’ and give a face to the Chief Ministerial candidates in this elections, else the party may have to pay the price, since faces are important in Assembly elections. Mr. Nair mentioned a couple of faces in Maharashtra like Vinod Tawde, Devendra Fadnavis and Pankaja Munde. But also accepted that there were no leaders to the stature of late Gopinath Munde or Gadkari in this elections, hence Modi was a safer bet. He also accepted that in Haryana too there is a dearth of strong leaders since BJP was not in power until 2014 Lok Sabha (LS) elections.

After landslide victory in LS elections the party lost many by polls and assembly elections, notable among them are Uttarakhand, Rajasthan. It is said that BJP has become complacent after victory in LS elections. Some also attribute it to the party talking about ‘love jihad’ and raking up communalism. “Losing by elections is not because of being complacent or not due to raking love jihad and stuff. These analyses are done by anti Modi brigade especially the media. When the voter turnout is extremely low BJP has lost. If you see the results of by elections held just before LS polls BJP had fared badly too”, Mr. Nair said.

Moving away from assembly election, the party has no stronghold in states like Kerala, Bengal and Odisha, it does not seem BJP is thinking about any particular strategy now; due to its preoccupation with elections. Mr. Nair also said that he is not aware of the strategies planned in these states but he mentioned that “Amitji has asked Kerala cadre to start working on booth level and BJP’s immediate aim is to capture Trivandrum Corporation”.