“At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to new, when an age ends, and when the soul of a nation, long suppressed, finds utterance.” The echoes of Pandit Jawaharlal Nehru's profound words from the speech ‘Tryst of Destiny’ on the very first Independence Day of our nation, reverberate through the corridors of time, encapsulating those rare moments in history when the nation shed the shackles of oppression and embraced the dawn of a new era.
The saga of India's
struggle for freedom during the oppressive British rule witnessed the emergence
of courageous freedom fighters. These individuals stood resolute against
adversities and assaults. Mostly with the use of non-violent resistance, they
won independence for us. With the adoption of the Indian Constitution, the
citizens were empowered with various forms of freedom – freedom of speech,
expression, assembly, association, movement, and religion.
Despite the grand ideals
enshrined in the Constitution, the reality of contemporary India presents a
stark contrast. The tapestry of society is woven with threads of maltreatment,
prejudice, limited choices, economic disparities, and injustice. The marginalized
suffer silently, their voices are choked. The artists, writers, filmmakers,
stand-up comedians, and human rights activists are not free to express dissent
and disappointment. On the other hand, we also see the rise in hate speech
which poisons the very foundations of our democracy. In this context, can we
have an open, unbiased, healthy, and balanced dialogue in our country?
The Constitution
guarantees the citizens the right to dissent and protest. As long as these
activities are carried out peacefully without harming anyone, we have all the
right to criticize or differ from any other citizen and those in power.
Obviously, this right is not absolute.
There are reasonable
restrictions imposed in the interests of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign States,
public order, decency or morality, or in matters of contempt of court,
defamation, or incitement to an offense. But even if you do not violate any of
the above-mentioned restrictions in the Constitution, you are not welcome to
dissent. Standing for truth and justice, standing on behalf of the marginalized
which those in power do not want is not permitted. Is this a crime?
The classic example
of the ‘political offenders’ arrested in the Bhima-Koregaon case popularly
known as 16 is the fate of those who dissent. Among the 16 arrested are four
academics, three lawyers, two independent journalists, a union organizer and
social activist, a poet, three performing artists, and a Jesuit priest, Fr Stan
Swamy. All are human rights defenders with a record of writing, speaking, and
organizing for the rights of workers, minorities, Dalits, and Adivasis through
peaceful and constitutional means. (The Wire) In truth, none of the allegations
put on these persons are proven. There are many more human rights activists who
are fighting for justice and paying the price for their good work. But
interestingly these kinds of false accusations, pressures, and threats have not
stopped people from speaking the truth. Their efforts for being the voice of
the voiceless will surely be rewarded and they will be fondly remembered in the
annals of history.
Chief Justice D. Y.
Chandrachud once said, “The blanket labelling of dissent as anti-national or
anti-democratic strikes at the heart of our commitment to protect
constitutional values and the promotion of deliberative democracy”. Silencing
opposition is not healthy for democracy. It will eventually turn India into an
authoritarian, autocratic, and fascist nation if not kept under check.
The freedom to question,
to challenge, to oppose, and to ask for accountability will help the nation to
progress. Let us continue to exercise this freedom given to us by the
Constitution within the given framework for the good of the nation. Let us be
open and patient to listen to others even when we do not agree. Let us strive
to build healthy and friendly dialogue for the good of our country, India.
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