Freedom of expression, a vital fundamental right, is not absolute. Censorship regrettably is inevitable in certain cases e.g. where the speech has clear potential to incite religious strife or hatred between communities or the expression is patently obscene without any redeeming literary or social element. Problems arise because, as Laski has rightly observed, censorship ‘‘confers power in a realm where qualifications for the exercise of power and tests for its application, are, almost necessarily, non-existent’’. A classic illustration is the banning by the BBC during the Second World War of songs by the great jazz singer Billie Holiday, because they were considered offensive to good taste and allies’ susceptibilities.During the spurious 1975 Emergency some of the Censor’s decisions were farcical. Quotations from Mahatma Gandhi, Tagore and Nehru were banned. So was news of Begum Vilayat Mahal squatting at New Delhi railway station, the junior lawyers’ march to Delhi High Court and similar news which had no bearing on the security of the state or public order.Apparently the banning itch is persistent and the Censor’s axe continues to be employed indiscriminately. No heed is paid to the Supreme Court’s wise admonition in Abba’s case that the standards set by the Censor ‘‘must make a substantial allowance in favour of freedom’’. Our Supreme Court has ruled that freedom of expression cannot be curtailed because of the hyper-sensitivities of excitable persons who resent any legitimate criticism of their beliefs or their leaders. Again freedom of expression cannot be suppressed on account of threats of violence because that would tantamount to negation of the rule of law and surrender to blackmail and intimidation. Freedom of expression cannot be held to ransom by an intolerant group of people.The proposed banning at one stage of Prakash Jha’s film on Jayaprakash Narayanan is a classic instance of mindless censorship. The Censor’s objections were to certain scenes and speeches in the movie which were highly critical of the Emergency and Mrs Gandhi’s role and also a statement attributed to a former district magistrate that Sanjay Gandhi probably had a motive in incapacitating Jayaprakashji. JP’s struggle against Emergency which he considered dictatorial was a seminal part of his life and inevitably there would be condemnation of the Emergency and its authors. All the fuss about these scenes betrays a repressive mindset. Fortunately a compromise has been reached and good sense has prevailed. With two minor amendments which according to Jha do not affect the basic structure of the film, Doordarshan has decided to air the film on the national channel on December 4. Jha deserves our congratulations and so does Minister Jaipal Reddy.Osama’s chauffeurDespite intensive searches and offers of huge rewards for his capture, Osama bin Laden roams at large. But his chauffeur, Salim Ahmed Hamdan, has been arrested and is facing terrorism charges. A bold federal judge, Robertson, has halted the trial on the ground that the Bush administration had overstepped constitutional bounds because Hamdan could not be tried by a military commission but could only be brought before a court martial where different rules of evidence applied. The court further ruled that the Bush administration under the Geneva Convention was obliged to treat the detainee as a prisoner of war. The administration is bound to appeal and the ultimate outcome is keenly awaited. President Bush flushed with his election victory is not likely to be fazed by adverse judicial rulings. Incidentally, when will Osama be captured? Or would that reduce the intensity of the war on terror, and weaken the justification for the draconian anti-terrorism measures? Perhaps, better Osama alive than dead.Festive experiencesIf the criterion of success of any event is that it made the audience happy and enjoy themselves, the IIC experience—A Festival of Ats—over a period of five days fully satisfied the test. Shubha Mudgal was in her elements with her melodious voice. Bharatanatyam dancer Alarmel Valli was excellent and Aruna Sairam charmed the audience with her voice and Carnatic music. ‘Transposition’ by Dadi Pudumjee’s Ishare Puppet Theatre was breathtaking. For me, and I must confess my bias, the most enjoyable event was the jazz concert by the Capital Jazz Swingers led by the accomplished pianist, composer and arranger Mosin Menzes. And the addition of the enthralling voice and attractive stage personality of Debbie Menezes made it a real treat. The lively and spontaneous response of the audience, especially the young, to jazz, which is often confused with pop and rock, was heartening. More jazz is in store for Delhiites at the forthcoming Jazz Yatra on 26-28th November at the Sai International Centre. The performing bands are from Norway, the Netherlands and Germany. So rush and get your tickets from Steak House, Jor Bagh and The Bookshop, Khan Market.
