Salman Rushdie Debate: Recent debates in electronic channels regarding banning Salman Rushdie’s entry into India for attending the Jaipur Literary Festival displayed misunderstanding of the real issues involved. The question is not of freedom of expression which like other fundamental rights is not absolute and can be reasonably restricted on the specific grounds mentioned in the Constitution. It is indisputable that freedom of expression does not guarantee the right to denounce any religion or its prophets or deliberately offend the religious feelings of other persons. Perhaps that is the reason why Rushdie’s The Satanic Verses was banned by our government in 1988 and the ban is still in force. The Satanic Verses had gone into oblivion and ironically has been revived by the persons who are demanding banning Rushdie’s entry into India and cancellation of his visa. What is overlooked is that Rushdie holds a Persons of Indian Origin card which entitles him to visit India without a visa. Furthermore Rushdie has not been declared a criminal by any court in India nor is there a non-bailable warrant issued against him. Apart from the untenability of the demand, what is most objectionable is the implied threat of outbreak of violence and breach of law and order if Rushdie’s entry is not banned. It is regrettable that Ashok Gehlot, the chief minister of Rajasthan, has conveyed this concern to the home minister.
This raises a fundamental question, namely if a person’s entry into India cannot be legally banned, can a civilised government wedded to the rule of law yield to pressure and prohibit his or her entry? Dealing with threats of breach of law and order by certain groups demanding a ban on the Tamil film Ore Oru Gramathile because it was perceived to be against the reservation policy, our Supreme Court in its landmark judgment ruled that basic freedoms cannot be curtailed because of threats of violence as that would tantamount to negation of the rule of law and surrender to blackmail and intimidation.
The issue involved in Rushdie’s participation at the Jaipur Literary Festival is not of freedom of expression. The central issue is that freedom of movement and the right to life and liberty cannot be held to ransom by an intolerant group of people, and governments should not yield to threats or apprehensions of outbreak of violence.
At the time of writing, disappointing breaking news is that Rushdie has decided not to attend the Jaipur Festival probably because he is not sure about the ability of the authorities to contain lawless forces and ensure his personal safety. This is indeed shameful. It is reminiscent of eminent painter M F Husain’s predicament who was constrained to live and die in a foreign country, Qatar, because his own government was unable to provide him security. It is a thousand pities that bigotry and fanaticism have prevailed and rule of law has been relegated to a back seat.
Disappointment with President Obama: I was happy when Obama won the US Presidential election and was thrilled by his assurance that the detention centre at Guantanamao Bay will be dismantled. It is deeply disappointing that President Obama has not honoured his pledge. Probably it is owing to the phantoms of fear vividly painted by the state department which is against the release of detenus, some of whom are hard core terrorists. Regrettably, Obama administration has resumed military tribunals at the base and continues to hold men who have been cleared for release. What is most distressing is the President’s December 31 signing of the National Defense Authorization Act which includes a provision allowing indefinite military detention without trial for the duration of some undefined hostilities like the war on terror. There is hardly any discussion of Guantanamo Bay during the present US election campaign. It is hoped that enlightened public opinion will ultimately prevail and this black sore on the American system of justice is removed.
The opinions expressed in this column are the author’s own
Soli J Sorabjee is a former Attorney General of India