‘Saffron emergency’ rearing ugly head

Govt machinery is increasingly being used to rein in resurgent oppositions, yet in Jaitley’s opinion all this is a non-issue, as insignificant as a molehill

Deepak Laad | DECEMBER 29, 2018, 03:47 AM IST

Deepak Laad

Prime Minister Narendra Modi has, at least, kept one of his many promises. During last general election time there was this one slogan - ‘Har har Modi, ghar ghar Modi’ - meaning Modi in every house. Modi, unlike Orwellian big brother watching from above, is right in our houses snooping in our computers through ten law enforcing agencies, he has empowered for this purpose. The standard procedure of seeking specific permissions from Home Ministry stand done away with so the agencies now have a free hand.  

Right to privacy of the nation’s citizens is enshrined in our nation’s Constitution and time and again the nation’s Apex Court has defended it from the infringers. Wonder how the Apex court will react, when such overreach of state surveillance in democracy is challenged before them? BJP has strived to keep the emergency era excesses fresh in people’s mind by observing its anniversary every year as ‘Black day’ and now they are following in the foot steps of Indira Gandhi of the emergency time. Jaitley, a smart lawyer than an economist, is seen lecturing, arguing extensively and smartly on issues political and legal. The Government machinery is increasingly being used in illegal and unethical manner to rein in the resurgent oppositions, yet in Jaitley’s opinion all this is a non-issue, as insignificant as a molehill.   

Government also intends to amend section 79 of IT act. to curb fake news and rumours. Smriti Irani, on her own had issued a notification on ‘fake news’ suggesting stringent punishment to the offenders and Modi had shot it down unilaterally within hours of its announcement and was hailed as saviour of democracy. But the looming general elections just around the bend and losing power in three state in Hindi heartland has left Modi somewhat disheartened and diffident. So now he crawls back to what he had reversed in the past. Rahul’s incessant virulent attacks on him and the alleged scam in Rafale deal may have swayed the voter to Congress’ side in the Hindi belt. Other leaders of the regional parties too have increasingly started targeting Modi, taking a leaf out of Rahul’s book and Modi wants to put a stop to it all.  

Under the amended law, enforcement agencies will ask the media companies to trace the origin of messages they deem defamatory and/or threatening national security and may instruct to make such messages inaccessible. Government is presently seeking public opinion on this draft social media rules. Distressing fact is the proposed rules will not be placed in the parliament for the house’s assent. All it needs is approval of Ravishankar Prasad, Union minister of electronics and IT. Knowing his general demeanour and predilections on such matters the approval to it must have already been drafted, awaiting time given to public consultations to end. As per Prasad this would convey ‘resolve of the Government to strengthen the legal framework and make the social media platform accountable under law’ But in all likelihood the law enforcement agencies even after locating the fake news spreaders responsible for human lynching may find it difficult to proceed against the culprits who are, in many cases, politically well connected. Like one month after the police inspector’s murder in Bulandshahr, UP police has come out with a new story. They now have a new murder suspect Prashant Natt in place of earlier arrested accused Jitu Malik. They are making no efforts to arrest Yogesh Raj, the absconding member of Bajrang Dal, who was instrumental in gathering and inciting the mob. Instead, they have promptly rounded up those allegedly responsible for the cow slaughter. If there is no element of equitableness then such amendments serve as mere tools to go witch hunting after the opposition politicians and party workers pursuing vendetta.   

The concepts of defamation and national security are somewhat vague and imprecise. When an online news agency hinted at Union Government’s ‘help’ in exponential growth of Jay shah’s (Amit Shah’s son) business he filed defamation seeking Rs 100 crore in damages, whereas Arun Jaitley, Finance minister of the nation sought only Rs 10 crore in compensation from Kejriwal for accusing him of alleged financial irregularities during his tenure as president of Delhi District Cricket Association. Why non entity Jay should be more pricey than nation’s finance minister when it comes to claiming compensation? 

Now, coming to national security issue part. Kanhaiya Kumar is hauled to court slapping sedition charges for shouting slogans in JNU and Marxist communists thinkers as Urban Naxalites for their left leaning beliefs, but cases registered against Jat agitators who destroyed property worth Rs ten thousand crores in Haryana during ‘reservation agitation’ are being dropped. Naseeruddin Shah’s comment about divisiveness spreading in our society make people’s hackles rise, almost branding him as a traitor.   

Political expediency and beneficiality to ruling dispensation decide the meaning of terms ‘defamation’ and ‘National security’. As such journalism is becoming a dangerous vocation. It is like walking in a minefield circumspectly negotiating your way around concealed mines of ‘defamation’ and ‘national security’. Otherwise, there is every possibility of stepping on them unaware and getting hurt.  

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