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Monday, June 23, 2008

[mukto-mona] THE FREEDOM OF EXPRESSION CONFERENCE HELD IN AHMEDABAD

 

THE FREEDOM OF EXPRESSION CONFERENCE HELD IN AHMEDABAD

 

22nd. June Ahmedabad-

 

Gujarat State Freedom of Expression Conference was held in  the packed hall of Bhaikaka Bhavan.. located near Lawgarden of the city. The conference was presided over by Sri Chunibhai Vaidya, known Sarvoday leader. Sri Kuldip Nayar, Justice Rajendra Sachar, and Sri Kannaviram, the President of P.U.C.L were the  distinguished speakers in the conference

The conference was organised by PUCL.Movement for Secular Democracy, JP Centenary Committee, PRASANT , Nirikhak, Nayamarg, Bhoomi Putra, and JalSeva.

The conference was attended by citizens of the state from all walks of the life. in large number..

 

Sri Indukumar Jani moved the resolution with an introductory speech, where he explained the importance of freedom of expression conference in the state.

 

Justice Rajendra Sachar in his speech referring to the sedition charge on Times of India said that the sedition charges were the colonial legacy and it's use by state machinery amounts to gross insult to basic tenets of freedom of expression .He said," without a free press there will be no functional democracy. There is a court of law and individuals have the right to file defamation suits but calling for sedition charges against journalists and media are uncalled for.''

 

Sri Kuldip Nayar said there is an undeclared emergency in the country. He recalled the black days of emergency and said , ''It is astonishing to see L. K. Advani the then member of Jan Sangha vociferously opposed the media gagging during emergency era and now BJP, representative of the same Jan Sangha has been widely involved in curbing the voice press."

Sri Kannaviram, in his speech  while condemning the sedition charge on the press emphasized on the case filed against Sri Ashish Nandy on his article on the Middle class, which analysed the silence of Middle class in Gujarat is undemocratic and assault of freedom of expression. He dealt with the abuse of power by the Govt.

Sri Digant Oza read out the message sent by Sri Narayanbhai Desai and called  to uphold the freedom of expression..

Prof B.J. Banhulawalla, in his speech expressed absence of rule of law in the state and plight of the Muslim Minority..

 

Advocate Sri Girishbhai Patel said the undeclared emergency is more dangerous than the declared emergency. He said freedom of expression is curtailed by various sections including state, religion and other non-state elements and so called moral police.

Sri Dwarika Nath Rath expressed concern over the silence  and indifference of the middle class and emphasized on active resistance in place of passive resistance  of all citizens and launch people's movement on burning problems  to thwart the incoming danger of Fascism, the worst enemy of the mankind.

 

The President of the meeting Sri Chunibhai Vaidya, in his speech said how in the name of the development and SEZ the lands are been acquired by the capitalists in the various areas of the state. He expressed his deep concern how the voiceless villagers are ignored and left at the mercy of Reliance in Jamnagar and Adani in Mundra of Kutch. He called to fight against the land grabbing capitalists and stand united with the helpless villagers.

While giving vote of thanks Fr. Cedric Prakash called to remain united for greater fight.

The meeting was conducted by Sri GautamThacker. He declared that the article by the Times of India reporter Sri Prasant Dayal which invited the wrath of the sedition will be printed in Gujarati language.

The songs were presented by the song troupe of All India Democratic Students' Organisation followed by the freedom fighter Sri Suryakant Parikh.

 The resolution was passed unanimously.

A delegation of the conference will meet the Governor on 24th June in Gandhinagar.

 

22ND, JUNE -FREEDOM OF EXPRESSION CONFERENCE  - THE RESOLUTION

 

Gujarat State Level Conference of freedom of Expression of Gujarat recalls the black days of emergency where all the fundamental rights, democratic, civil rights were trampled and thousands were put behind the bar. Pre censorship on media was imposed and various newspapers, journals were sealed off including Bhoomi Putra of Gujarat.

Though it is going to be the 34th year of emergency, the trail of it is still endangering the democracy where the freedom of expression is becoming the worst casualty. It is under surveillance. Now the charge of sedition on Times of India, cases against Ashish Nandy, attack on Kumar Ketkar and many other journalists and media throughout the country, imprisonment of civil right activist Dr. Binayak Sen and others and the promulgation of draconian acts in various parts of the country is a matter of grave concern. Minorities choose to remain silent but waiting for the justice.The dalits, the poor workers, marginalized section and the women hardly have any forum where they can express freely about their plights. Freedom of Religion Law which the Government has enacted from April 1st 2008.  curbs the right of a citizen from Freely expressing and choosing the religion of his/her choice. This conference takes serious note of all these developments related to freedom of expression.

The Conference would like to draw the attention that according to a survey conducted by media advocacy group in Paris during October 2006, ranking countries from best to worst in protecting the freedom of press, India was ranked at 115 in restoring press freedom

 

 The recent sedition charge against TOI has alarmed all the democracy loving people in the country which has evoked country wide protest.

 First of all this conference condemn the sedition charge against Times of India, a tip of an iceberg in Gujarat. Several press have also been the victim in Gujarat. It is a direct assault on freedom of Press, which is the fourth Estate in a democratic country.  Registering the case against Times of India is a deliberate action of Police to suppress the voice of dissent of the press and create an atmosphere of panic in the state, where violation of human rights and Democratic rights is becoming a regular practice of the Police and Govt. in Gujarat in overt and covert fashion for last so many years.

The features carried by Times of India exposing the close  nexus between Police officer Mr. O.P. Mathur with Mr. Abdul Latif , is not only appalling but raises  serious question about the credibility of  the Police Officer in high rank  and  level of criminalization of Police in the state.

 

The Ahmedabad city Police Commissioner Mr. O.P.Mathur instead of responding to the documented investigative report published by the Times of India either by refuting the charges or by filing defamation case but to treat the reports questioning his competence as amounting to excite hatred, contempt or dissatisfaction towards the Govt. reflects his undemocratic character and audacity to equate himself as Govt. established by law. If Mr. Mathur has acted with the approval of the Govt., it exposes how the state attempts to suppress democratic dissent., which can be a British colonial hang over.

 So, any threat to freedom of  press and freedom of expression by any quarter of the administration is a direct threat to democracy and perpetuate fascist type of rule

The role of media as the watchdog of democracy and its role to disseminate right to information to the citizen is always indispensable, which the Times of India has been performing.

The charge of Sedition or prosecution of media persons is not new in Gujarat. It has become a normal practice.IPC section 124 (A) has been used at will against the editors, reporters in Gujarat and they are put behind the bars

  • The reporter of AajTak was charged because of telecasting the news exposing the indifferent attitude of the Modi Govt. towards the orphan of the riot victim of Naroda Patia , as assured by the then President of India Dr.A.P.J. Abdul Kalam.The editor of Samana of Surat was prosecuted due to its coverage on the Surat flood.
  • The editor of Aajkal of Rajkot was charged with 124A because of coverage of news exposing the nexus between Police and the Underworld in Bhavnagar.
  • The editor of Young Aarohi of Veraval was framed 124A because of carrying the news exposing the Arms traffiking. 124A was also filed against
  • Ms. Nafisa Ali and daily Divya Bhaskar on her comment on carnage 2002.There are innumerable overt and covert threats to the media in the state.

Inspite of the threat the media is doing its best to be the watchdog of democracy. But the fear of sedition, defamation, prosecutions etc.pushing the media towards self censorship.

 

The degree of regimentation and undemocratic atmosphere prevailing in the state can be gauzed the way the film Parzania was not allowed to be screened and the Fanaa was pulled down from the theatres.

Now Prof. Ashish Nandy is facing police case registered against him. Prof. Ashish Nandy wrote an article "Blame the Middle Classes?" after the Gujarat elections. He gave his analysis of the election outcome. A criminal case has been filed for writing this article under IPC Section 153 (A) and (B), with the permission of Government of Gujarat. Shockingly the head of the Gujarat Branch of the National Council of Civil Liberties has filed the case.

Press freedom is also threatened by the violence of political parties as well as religious fundamentalist forces and various brigades backed by powerful persons in power. Attack on freedom of expression is also growing from non-State actors, and the intolerant fascist groups.

 

The attack on the residence of Mr. Kumar Ketkar, editor of the popular Marathi newspaper Loksatta, is the latest in a series of growing incidents of intolerance and violence in India against members of the media, which this conference condemn severely

 Moreover Freedom of expression is gagged in the name of so-called development. More and more restrictions are imposed  to curb freedom of gathering, holding meetings and rallies.

 

This Conference would like to reiterate that the history of press in India is filled with stories of struggle and sacrifice. The Freedom of the Press was one of the constitutional guarantees demanded by freedom fighters during British colonial rule.  Most of the leaders of the freedom movement were journalists. They were for freedom of expression. After Independence the Founding Fathers  attached great importance to Freedom of the Press during framing the Constitution of India

In a series of decisions from 1950 onwards the Supreme Court has ruled that Freedom of the Press is implicit in the guarantee of freedom of speech and expression in Article 19(1)(a) of the Constitution The Supreme Court of India has stated that 'freedom of speech and expression of opinion is of paramount importance under a democratic Constitution. The court has also declared that newspapers constitute the Fourth Estate of the country, Freedom of the press is undoubtedly one of the basic freedoms in a democratic society based on the Rule of Law

But after 61 years of freedom, the freedom of press and the freedom of expression is a far cry. Officials harass journalists through lawsuits, using restrictive laws governing criminal defamation, contempt of court, and national security to silence the reporters. Accreditation cards to journalists are denied.

 

Apart from it, self censorship is not only practiced by the media and media persons but also by the citizens. A sense of insecurity and fear is lurking. The citizens are scared to speak fearlessly and apprehend that they have to pay a price for freedom of expression. Silence is preferred than to invite the wrath of the Govt. or the so called brigades. This very aspect is killing the spirit of democracy and creating a ground for fascism, the worst enemy of the civilization. This is the most appalling aspect that can be ever comprehended in the state. of Gujarat

 Under these circumstances, this Conference of Freedom of Expression pledge to uphold and fight for the freedom of expression to save the democracy from growing fascist onslaught.

So we demand-

1-Withdrawal of the charge of sedition and conspiracy immediately

2-Institute a high level judicial enquiry on the charges against Mr. O.P. Mathur

3-The column of Sedition be scrapped permanently from I.P.C..

4- The Home Minister of Gujarat should come out with the clarification on the charge of Sedition against Times of India

5- All the cases against media persons be withdrawn.

6- Release Dr. Binayak Sen

7-Scrap all draconian acts encroaching freedom of expression.

8- A congenial atmosphere of confidence building measure for freedom of expression be released.

9- Review all the cases of the detainees under TADA and PASA

Conference is  organised by-

JP Centenary committee, PUCL, MSD,PRASHANT, Nirikshak, BhoomiPutra,Nayamarg,Jalseva

 

 

 

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