My friend, and former colleague, Vinay Sitapati calls for Varun Gandhi's prosecution, both by the courts and the Election Commission, in this well-argued Indian Express op-ed. As behooves a rabid free-speech fundamentalist, however, I believe that Gandhi should not be prosecuted, and that hate speech regulations have no space in a healthy democracy.
Quite obviously, I do not endorse, support, or agree with anything in the comments Gandhi allegedly made here. I object to his prosecution, however, on matter of principle. Hate speech deserves protection like any other form of speech, because:
a. It is not clear that regulation of such speech will solve the more fundamental problem
b. Hate speech shines a light on social discontent, and is thus an important educational tool
c. In a democracy, one must have faith in the maturity of the people.
To build on each argument in turn. First off, by prosecuting Gandhi, or by preventing him from running for elections, the government/EC risks turning him into a martyr, and sparking a communal conflagaration. Already, sections of the Sangh Parivar, bloggers, and members of the public have begun speaking in support of Gandhi. Prosecution is likely to inspire a greater groundswell of opinion in his favour. Further, given that hate speech laws take as their aim the protection of minorities, it only furthers the resentment members of the majority feel towards the State's 'appeasement' of such groups. There is no need to make Varun Gandhi into a martyr for the religious right.
Secondly, the fact that Gandhi made these sorts of speeches on the campaign trail implies that he expected them to work (unless he's a psychopath, in which case prosecuting him makes little sense in any case). If this reflects the state of affairs in the constituency he was campaigning in, then it's a serious problem for communal harmony in Uttar Pradesh. Gandhi's outburst, therefore, is educative in its effect. It shows up this glaring social problem, and necessitates action against communalism in UP. Prosecuting Gandhi, in addition to increasing communal tensions, is also likely to be merely cosmetic. The real need, of course, is to combat the communal sentiment he is cashing in on. And his speeches have helped to identify the problem. Were hate speech driven underground, the wounds of hatred would fester without our ever coming to know about it, till perhaps it was too late.
Thirdly, Gandhi's comments were made in a particular political context: that of seeking votes prior to a massive democratic exercise. If one is truly committed to the notion of a liberal democracy, then his punishment must be left in the hands of the people. Democracies work on the principle that the multitude is ultimately wise, because there is no other political standard for wisdom in such systems of government. Second-guessing the decisions of citizens is not just politically foolish (for the reasons I've listed above), but also disrespectful of the views of the people. If we have enough faith in the views of the people to choose the best government from the various options available before them, we should also have the faith to believe that they will not be swayed by the hateful rants of a self-interested bigot. To do otherwise is, in this context, to strike at the very edifice the Indian Constitution bases our government on: the collective wisdom of the people.
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DIFFERENT LAWS FOR DIFFERENT PEOPLE
There are confirmed thugs, rapists and murderers in all political parties mostly in UP and Bihar who have even become Ministers. One such rogue even publicly offered Rs. 50 crores to anyone who would kill the Danish cartoonist who had drawn a likeness of Muhammad and nothing done about it by those who are now baying for Varun's blood in order to solidify their pseudo-secular visage that does not wash with all Indians.But how and why this palpable discrimination on the face of so much evidence to the contrary? What is the law doing about it? What is Varun's fault? That he has abused another community? Yet all of us who have heard the so-called CD over the anti-BJP English TV channels, which Varun claims has been doctored, not even ONCE did he mention any community or their religion by name. Why is the media looking for a black cat in a dark room which is not there? Hatred or fear of the BJP? The Party has ruled over India for six years. Has it set the Himalayas on fire? There are over a dozen FIRs for serious non-bailable sedition and contempt of court charges against the father and son duo of Imam Abdullah and Ahmed Bukharis of Delhi's Jama Masjid who are moving around with full freedom without any anticipatory bail since many years. Is it because they had threatened that the whole country would be set on fire if anyone touches them? Has Varun done anything worse than them? All those against Varun including the English TV channels may kindly reply why the Bukharis have not been arrested even once. What is sauce for the goose ought to be sauce for the gander as well? But that is not the way the cookie crumbles in India where a large chunk of the so-called majority is smug in its self-destruct mode who justify that punitive action is reserved for hate speech by the majority community alone and not for the second majority. But does that mean that those who are not of the same mould should pack up their tents and jump into the Indian Ocean? Varun Gandhi is merely the latest Gen-X who is telling all those who are hearing him that there cannot be different rules for different citizens of India and there are many who agree with him wholeheartedly even if the left liberals cry their hearts out or the bought off English media go ballistics against Varun. With this single action he has been pitch forked into the centre stage from relative obscurity which was his stock even in the first week of this month. The Congress had been rooting for “youth” in order to project the second and third generation members of Congressmen with Rahul Gandhi, a hybrid species as compared to Varun, being the prime contender and also to counter L.K. Advani’s 80 years. Varun is nearly ten years younger than his elder cousin who is unofficially called Yuvraj in Sonia’s kitchen cabinet. Only the election results will prove whether Varun wins or loses. But one thing is undisputed that a can of worms has been opened up and Varun has unveiled a larger canvass which has even driven the opportunist BJP on its back foot as they have a single agenda of seeing Advani as the next PM-come what may. That’s not the way elections are won.
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