In the town of Palghar, located about 87 kilometres from Mumbai, 21-year-old Shaheen Dhada was arrested along with her friend and taken for questioning by the police after she posted on her Facebook page a comment that questioned the need for a general shutdown following the death of Shiv Sena chief Bal Thackeray. The arrests were made under sections of the Indian Penal Code, which relate to hurting religious feelings and the Information Technology Act. Her friend had ‘liked’ the comment. The action, criticised by human rights and media groups across India, came after Shiv Sena workers ransacked a clinic belonging to Ms Dhada’s relative. But none of these miscreants have so far been held accountable for their actions. The two women were released after being granted bail.
The fact that Ms Dhada is reportedly a Muslim adds fuel to fire, given the anti-Muslim stance of the Shiv Sena. The unusual arrest and the violation of privacy also raises questions about the true nature of democracy in India, as well as mindsets that prevail at the police level. There is clearly a great deal that still needs to change in that country, where communal harmony remains a pressing issue and basic freedoms can still be trespassed. This is not the first time an attempt has been made to stifle free expression in India. We can only hope it will be the last.
Published in The Express Tribune, November 21st, 2012.
COMMENTS (25)
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: @Umair: Yes.the other way round.
@sabi: learn a lesson from pakistan? when did the government take action against unjustified arrests and wrong doings of the police? or you mean the other way round that they should do what pakistani government doesnt?
This is called power of media, social groups.Hypes are self created on the issues or topics like religion and politics to deviate target audience from main issues. the day shiv sinha leader died i knew some sort of stuff will b brought up in regard to muslim hindu.. nowhere in the world their is complete democracy, tolerance and secularism state.some times. Audience is drived through media by the ones in power.they show us what we want to see. so don't give it any religious color, though Mr Thakery was us (PAKISTANIS) and for us was He. main issue is that what we write on social sites are not confidential or private.there is need of improvisation in their. privacy of individual user should be kept in mind by the social network companies.
Will you Pakistanis ever be able to see things other than through a Religious prism in your lifetime. Please grow up...........The girl was not arrested because she was a Muslim.....Had it been any other girl, the situation would have been the same.............Please for God sake, do not communialize the story.........As an article appearing in your paper, at least I expect you to see things differently other than from a religious perspective.
As always, trying to communalizing the issues.........
Being a huge LOTR fan, love the title of this editorial!
@antanu g: "What a democracy…..and when Muslims react over Quran burning…cartoon issues they are called uncivilized…intolerable…terrorists." I am glad you established the equivalence between Muslim reaction to the cartoons and video and the Sena reaction over the facebook post. We CONDEMN the Sena reaction - no ifs and buts. Will you do the same for the reaction to the cartoons and vvideo? Din't think so. @Mirza: "I have no problem with the religion of anybody in this case. The main issue is freedom of speech and expression. Let us hope the strong democratic traditions and history would overcome this madness."
I only referred to the religion since you had referred to secularism in your earlier post. I certainly agree that the police action was a violation of the girls' free speech rights. I think the madness HAS been confronted soundly. The girls are free, the vandals who attacked the clinic have been arrested and there is an uproar throughout India protesting these arrests. As indicated by @karma above, Indians did not allow Mrs. Gandhi to muzzle us during emergency (people went underground , there were jail bharo aandolan and Indian Express used to run blank editorials as protest), subsequently when Rajiv tried to muzzle free speech in 1989 by trying to bring a Press Act, it was roundly condemned as a Black Act and resisted. This during the days when there was no private TV and radio and no social media. So there is absolutely no way such attempts to muzzle free speech will be tolerated in this day and age. I would be very surprised if strictures were not passed against the police for wrongful arrest. That is certainly what happened in case of Mamata cartoon case.
I have no problem with the religion of anybody in this case. The main issue is freedom of speech and expression. Let us hope the strong democratic traditions and history would overcome this madness.
as an Indian I hang my head in shame on this silly incident................
@Ashok: "India is fast on the track to becoming a Hindutva country. Keep a lookout for the next elections, Hindu supremacists popularity is growing."
You are certainly entitled to your opinion but facts do not support it. There have been 3 recent attempts at curbing freedom of speech which have been heavily resisted - once in the Mamata cartoon case, once in the cartoons against Indian national symbols by Trivedi and now in free speech against Sena. In call cases the target of free speech were Hindu or secular and in all cass free speech was protected. The areas where free speech has been stopped is when the free speech offended Muslims - both in the youtube video case as well as Rushdie's presence in Jaipur literary festival. Certainly does not indicate rise in Hindu supremacist thinking.
"There will be a Hindu coup soon"
Not sure what you mean. India does not have coups. Yes, it is likely that NDA may dislodge the highly corrupt UPA dispensation and come to power through free and fair elections. This will however not change the secular character of India's constitution which is dear to us all.
@indian: Same spirit from your end was required in the case, if it has happened in Pakistan. By the way, can you please illuminate WHERE ELSE (it happens……………..)?
@Mirza: "This is a dark spot on the democracy, secularism, tolerance and freedom of speech in India." I would agree that this is a dark spot on tolerance and freedom of speech. I disagree with the other 2 adjectives. It has nothing to do with secularism - one of the girls was a Hindu and other Muslim - ET has unnecessarily communalized this event. Secondly it actually shows India's democracy in very good light since the media, politicians and civil society all resisted this attempt to muzzle free speech. That is exactly how you would expect a democracy to function.
Contrary to how ET has portrayed it, this is not an issue regarding social media privacy. It is not like there is some secret program to monitor facebook posts. It was one of her own facebook friends who got her into this plight. No different from if she had made this comment among a group of friends who then got her into trouble.
Dear Indian friends & trolls, we don't need to hear long paragraphs of explanation, issue is clear that a Muslim girl was arrested along with her Hindu friend & was harassed for using the right of freedom of speech! Time to take out radical Shiv Sena!
@Mirza: " ... This is a dark spot on the democracy, secularism, tolerance and freedom of speech in India. It is a shame that even social media is not safe from the rightwing reaction. ... "
Mirza - what is important is what happens AFTER seeming assaults on democracy, tolerance and freedom of speech. There was a uproar at the arrest of the two girls - and hopefully heads will roll.
And I am sure - if Balasaheb Thackrey were alive, he would have protested at the arrests.
@indian:
Don't quote us the story of a copied-from-hollywood indian movie............ we don't need ur blubbering..........!
This incident is a clear attack on fundamental rights and it will be resisted tooth and nail. The fact that it has become such a huge hue and cry, will ensure that there will be some action against the policemen who wrongfully arrested a girl, that too at night, for an offence she didn't commit. I hope even the magistrate who remanded her to 14 day custody will be suspended as a warning.
India, under congress, has indeed been showing some worrying symptoms. Brazen attitude towards law & courts, fundamental rights of citizens and runaway corruption all point to a rot. Hopefully these cabal will be thrown out in next election.
But, is freedom of speech itself under threat - unlikely. Isolated incidents serve as early warning o, but doesn't stop people from exercising their freedom. If as strong a political leader as Indira Gandhi couldn't muzzle Indian citizens in to submission, two bit players from Shiv sena, NCP, congress now are unlikely to succeed.
Good editorial, India is fast on the track to becoming a Hindutva country. Keep a lookout for the next elections, Hindu supremacists popularity is growing. There will be a Hindu coup soon. We msut do something soon to stop it. I am ashamed of calling myself an Indian
India should learn its lesson from Pakistan and should show zero tollerance for these right wingers and bring pollicemen to tough inquiry. We need a peacefull Indiar Hope court will discourage admnistration for such acts.
The arrest was clearly unjustified. DO not make it religious because her friend who 'liked' it and was also arrested was Hindu. Secondly, Justic Katju, Kapil Sibal etc spoke up and there are plenty of other people who blogged to high heavens about the inappropriateness of this arrest. Third this was not a privacy issue - it is one of the poster's own friends who was a Shiv Sena supporter and along with other Shiv Sainiks pressurized the police. In the 2 earlier times, the police acted inappropriately, it is the police who got a rap on the knuckles (the cartoons about national symbols and cartoons on Mamata) hopefully that will also be the same fate here.
This editorial does seem rich coming from a newspaper whose OpEd criticized someone uploading a video in another country altogether and due to which all people in Pakistan were deprived access to youtube for over 2 months and due to which 21 people died. At least here no-one died and the girls are at no risk.
It would have been a frightening experience for the two girls. No excuse for the heavy-handed police action. The government also needs to do a rethink on the new IT Act. Mercifully whole of the national media has come out against this event and hopefully such incidents will not be repeated again.
The girls should sue the police as well as the state government.
even a hindu was arrested along with her................dont try to communalise the situation now.........they both got bail....they r safe ....no hindu will dare attack them....the people who attacked the clinics have been arrested.....an inquiry has been set up to investigate if the arrest was required or not...............the police might have taken the decision under pressure from sainiks............it would have got confused....so what ?? it happens.................