Note: The following excerpt is from this week’s edition of the Weekly Vine for TOI. Sign up here.
It’s curious how the First Amendments of the American and Indian Constitutions are the complete antithesis of each other. The First Amendment of the American Constitution reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Meanwhile, the First Amendment of the Indian Constitution was Article 19(2). While Article 19(1) guaranteed freedom of speech and expression, Article 19(2) allowed the government to impose reasonable restrictions on freedom of speech in the interests of: (1) Sovereignty and integrity of India (added by the 16th Amendment, 1963), (2) Security of the state, (3) Friendly relations with foreign states, (4) Public order, (5) Decency or morality, (6) Contempt of court, (7) Defamation, (8) Incitement to an offence.
Basically, this meant that freedom of speech was virtually non-existent, which brings me to the latest raging debate about free speech after a certain Beer Biceps guy said something on a YouTube channel, with every branch of our democracy reacting like a bull in a china shop.
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For those lucky enough not to follow this nonsense, here’s a short recap. On a YouTube channel run by Samay Raina, protégé of Tanmay Bhat of AIB fame, a podcaster named Ranveer Allahabadia (also known by his moniker Beer Biceps) asked a contestant something rather stupid—a statement that would have been considered gauche in an engineering college dorm after five rounds of Mary Jane. And just to show the quality of the humour, the comment was copied from another, older skit, proving that imitation at times isn’t even flattery.
It wasn’t a joke, it wasn’t funny, and it should have ended at that. But given that the Indian state is full of bad-faith actors always looking for low-hanging fruit—and they don’t get lower than a YouTuber/comedian—they swung into action. Police forces from three states (Maharashtra, Assam, and Madhya Pradesh) are already on the case. The National Commission for Women has issued a notice. Parliamentarians have decided to discuss the issue in both the upper and lower houses. The All India Cine Workers Association has urged legal action against Raina and Allahabadia.
Few prominent figures spoke out about the inanity of the issue at hand, perhaps because no one wants to dip their pinky into this whirlpool of madness. The fact of the matter is that freedom of expression and speech in India is an issue that’s barely understood, barely taught, and flies in the face of the conformity that is part of our national firmament. As Varun Grover joked in his outstanding comedy skit on security guards: "The first thing we are taught as kids is conformism. You can’t ask any questions, no matter how illogical you find things."
The conformism is so ingrained that irrespective of our political leanings, most people have similarly outlandish views on free speech—the notion that some idiot mouthing things on a subscriber-only YouTube channel will destroy the nation’s cultural fabric. That the state ought to get involved if bad jokes are told. That crass humour is akin to blasphemy that needs to be stamped out to remain a proper society.
In some ways, the outrage is a redux of the 2015 AIB Knockout, where a host of people took offence at jokes during a roast. Of course, some who spoke in support of AIB then are opposed to it now, given that they have reached the hallowed halls of Parliament. Frankly, there’s no point debating free speech in India. It’s like Jesus—you either believe in it or you don’t.
But here’s a bit of advice from someone who has often found himself crossing the line and is lucky not to have faced severe consequences beyond internet comments like: You are a suck. Don’t delude yourself into thinking you have freedom of speech in this country. You could be the country’s top superstar or an unknown comic with a mic. The only reason you aren’t in jail is because the state—in all its largesse—has decided not to put you there. Be happy, carry on with your business, and don’t delude yourself into thinking otherwise. This is not France, and you are not Voltaire. Or Evelyn Beatrice Hall. There’s actually just one group in this country that has true freedom of speech. I’ll leave my readers to guess the name of that particular species.
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