Wednesday, January 14, 2015

Freedom of expression and its boundaries

Human beings are born free. Freedom is endowed by nature thus right to freedom becomes natural right. There should be no debate whether there is freedom of expression or not however, absoluteness of such freedom is debatable. Along with liberty another natural right conferred is that of equality. Challenge before modern society is to ensure equality of liberty. One's absolute liberty may infringe upon liberty of another person which is against principle of equality of liberty. Thus liberty has to be checked in order to ensure equality.

Freedom to follow one's faith is integral part of freedom of life. Also expression of one's opinion is also a fundamental freedom. Every faith has certain beliefs that are contrary to common sense or science. However such beliefs are fundamental to any religion or sect. Any attack on such beliefs or practices based upon such beliefs is seen as attack on religion itself. However any practice having inhumane aspect should be criticised and attempts to be made to abolish such practice. Reasoned debate and education are helpful in abolishing such practices. Practice of sati has been abolished successfully. However mocking one's faith through any form of expression condemnable. Whether it is painting nude pictures of demigods or cartoon of prophet, it should be condemned and attempts to be made to avoid such things . However vandalism and violence is no answer to such practice. Therefore Charlie Hebedo incident should be criticised. Further making cartoon of prophet and thus hurting religious sentiments of Muslims has to be countered with equal vigour.

In Indian context  freedom of expression is limited by public order and morality. Constitution along with guarantee of freedom of expression puts above limitations.  Further Indian secularism means religious tolerance and equal respect to all religions. Mocking a particular religion is like showing inferiority of such faith. Such acts become unconstitutional as these violate secularism in spirit if not in letter. Further such acts may lead to a situation where certain fanatic groups may exploit sentiments of people and law and order situation may worsen. Thus there has to be reasonable restrictions over our freedom.

Government has responsibility to ensure equal freedom to all thus any government effort to curb freedom is not against concept of free society. Further our right of freedom is associated with duty to respect other's freedom hence there should be self regulated freedom.

Thus all acts like nude paintings of demigods, cartoon of prophet, mocking religious practices by movie etc should not only be avoided  but condemned and punished by law. Its absolutely true that we had freedom but this is not absolute.

Friday, January 2, 2015

Conversion is fundamental right

Constitution has provided for freedom to follow faith and propagate the same. Also it provides for secular nature to be built. India is home to numerous religions and sects. Indian society has deep emotional connection with religion. Western secularism means indifference towards religion in matters of public discourse. Citing emotional attachments with religion application of western context of secularism in Indian society would have not been possible. Secularism has been modified into form of religious tolerance and respect of other religions.

Sanatan dharma or Hinduism is one of the oldest surviving religion on this earth. In fact it has been way of life, an integral component of social and cultural heritage. With spread of Buddhism and Jainism, invasion by various foreign rulers, establishment of mughal rule and British rule, people started converting to other religions due to distorted interpretation of vedic scriptures, karmakand, caste discrimination etc. Thus conversions  have been ongoing process in our nation since centuries.

Religion of a person is determined by birth. Thus there is no freedom to choose primary religion. Therefore blindly forcing a particular religion doesn't go along spirit of freedom of religion. People  by and large follow religion of parents. During conversions too minor children of family are forced upon a particular religion.

A complete freedom to follow religion should start with freedom to choose the faith one wishes to follow. Before such selection one needs to know about all religions for making well informed choice. Therefore everyone should be allowed to change his or her religion during lifetime. Blanket ban of conversions would hamper right to religion which is fundamental right as well as natural right.

However, no one should be preeched to convert by some offer, force or any other benefit. All conversions should be under free and fair environment. Conversion is also part of fundamental freedom to follow one's faith.