I was on a CNN-IBN show earlier this evening, where the topic under discussion was the arrest of two girls over a Facebook post one of them made (and the other one ‘liked’) about how the city should not be shut down just because Bal Thackeray had died. The channel seemed to be treating it as if the event was out of the ordinary. It wasn’t. It was same-old, same-old, in two distinct ways.
One, it illustrates the legacy that Thackeray has left behind. In my mind, Bombay and Mumbai are two separate entities: Bombay is a thriving cosmopolitan city which embraces immigrants and the entrepreneurial energy they bring with them, and is a harmonious melting pot of cultures. Mumbai is an intellectually repressed place, the creation of a divisive demagogue that thrives on intolerance. These two girls were arrested in Mumbai, the city that Thackeray built. Bombay is the city some of us cherish and are trying to save. And even though Thackeray might himself now be dead, his dangerous legacy clearly lives on.
Two, while in the studio they kept discussing Section 66 of the IT Act, the truth is that the problem is a broader one than just social media and the IT Act. The Indian Penal Code contains sections that are just as draconian, such as Sections 295 (a), 153 (a) and 124 (a), and Article 19 (2) of the Indian constitution lays down caveats to free speech, such as “public order” and “decency and morality”, which are open to interpretation and, thus, to misuse. It’s sad, but our constitution does not give free speech the same kind of protection that, say, the First Amendment of the US constitution does, and our laws, many of them framed in colonial times, allow authorities to clamp down on free speech whenever they so desire. (For more, read: ‘Don’t Insult Pasta.’) It’s not just the IT Act that is a problem here.
So Thackeray is dead, and free speech is ailing. Such it goes.
Bal Thackeray’s Poisonous Legacies—Rohit Chopra
Fear and Loathing in Mumbai—Vinay Sitapati
Why I can’t pay tribute to Thackeray—Markandey Katju
Thackeray could have done so much more for Marathis—Aroon Tikekar