“Let the noble thoughts come to us from every side.â€â€“ Rig veda, 1-89-1
“Tamaso Ma Jyotir Gamaya†- Lead us from darkness to light. Ignorance is
darkness and must be dispelled; information is light and must be processed throu
consciousness.â€
Explosion of information and exclusion from information are two competing trends
in our cosmos of human rights and democracy versus Government by secrecy. It is
essential that all men and women, in all social and cultural environments,
should be given the opportunity of joining in the process of collective
thinking, thus initiated, for new ideas must be developed and more positive
measures must be taken to shake off the prevailing inertia. With the coming of a
new world communication order, each people must be able to learn from the
others, while at the same time conveying to them its own understanding of its
own condition and its own view of the World Affairs. Mankind will then have made
a decisive step forward on the path of freedom, democracy and fellowship.
Freedom of association and other fundamental freedoms become viable only if
there is no suppression of freedom of expression. The UNSECO Declaration of 1978
speaks of “exercise of freedom of opinion, expression and information,
recognized as an integral part of human rights and fundamental freedoms.†In the
current geopolitically sensitive era, Information is considered as the real
weapon of power. Information and communication are powerful tools and have a
potential to shape and shake social and political developments depending on the
classes concerning these resources. The information revolution ushered in by the
communication and computer technology, is affecting the economic and social
order. Alvin Toffler, in his book The Third Wave, considers this tornado of
information through technology as holding the potential for great social change.
Freedom of expression is guaranteed under the Indian Constitution. India was a
colony for long. Before that it has a feudal culture and hierarchical social
structure. The Maharajas and the Mughals, the Viceroys and the British Empire
defended themselves behind ramparts of secrecy. The entire freedom struggle was
a battle against colonialism and for the self-government. In this perspective,
the rivalry between freedom of the information and the official secrecy,
democratic culture and imperial heritage was formally resolved in favour of the
latter. “Satyameva Jayate†is not merely a national motto but a guideline for
the Press. The political essence of Press autonomy is freedom blended with the
dedication to truth.
The United Nations, in its Universal Declaration of Human Rights, 1948, included
freedom of expression and free flow of information as a Human Right essential in
the pursuit of peace and progress:
“Article 19 – Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and regardless of
frontiers.â€
The International Covenant on Civil and Political Rights reinforced these
provisions:
“Article 19(2) – Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart information and ideas of
all kinds, regardless of frontiers, either orally, in writing or in print, in
the form of art, or through any other of his choice.â€
Many other instruments, resolutions and learned reports like the Mac Bridge
Report have integrated the trinity of freedoms – of Information, communication
and expression into the World Legal Order and Jurisprudence of Human Rights.
Freedom of expression under Article 19(1) (a) of our Constitution has received a
dynamic semantic and judicial connotation. It includes the freedom of the media
as promotive of the health of our democracy and as conducive of popular
feed-back shaping the State process. A free press has always been regarded as a
powerful weapon during the freedom struggle and after independence, as an
instrument for dissemination of information. Young India was Gandhiji’s weapon
and National Herald was founded by Nehru. Giants of journalistic universe
battled with pen in hand for India’s swaraj.
True to this tradition, the first PM of India, Pandit Jawaharlal Nehru stressed
“I would rather have completely free Press with all the dangers involved in the
wrong use of that freedom than a suppressed or regulated Press. Journalism and
journalists play a very important part in the public life in the modern world.
In India there is a possibility of suppression of facts either by the government
or by the private proprietors or at the dictates of advertisers… I am against
suppression of news as it would deprive the public of the only means of forming
a correct judgment on the world events…the press helps in the information of
public opinion. A free Press, however, must suffer wholesome restrictions such
as are stated in Article 19(2) of the Constitution. You cannot jeopardize Indian
sovereignty and integrity, the security of the State, friendly relations with
the foreign States, public order, decency or morality or breach of laws in
relation to contempt of Court, defamation or incitement to offence. Thus a happy
balance is struck between of speech and deleterious license. of course, the
restrictions in Article 19(2), if read with narrow pedantry, prudery or
pettifoggery may do violence to our larger freedoms and spacious free speech.â€
Releasing that governmental control of the Press may harm its freedom, Mahatma
Gandhi brought out the need for reconciliation of freedom and restraint when he
observed:
“The sole aim of journalism should be service. The newspaper press is a great
power, but just as an unchained torrent of water submerges the whole countryside
and devastates crops, even so an uncontrolled pen serves but to destroy. If the
control is from without, it proves more poisonous that want of control. It can
be profitable only when exercised from within.†As James Madison, Former
President of the USA said, “A popular government, without popular information or
the means of acquiring it is but a prologue to a farce or a tragedy; or, perhaps
both. Knowledge will forever govern ignorance; and a people who mean to be their
own governors must arm themselves with the power which knowledge gives.â€
The land of Bofors, Bhopal, 2G, Vijay Mallya and Nirav Modi is blinded by the
denial of information. Ignorance, therefore, is not bliss but bondage, and
knowledge is not folly but duty, if government by the people is to possess the
semblance of reality. The measure of nation’s freedom in its smallest man’s
status of international metabolism vis-Ã -vis public affairs and access to facts.
No voyage to freedom from serfdom is navigable without the mind being led
forward into action from the depth of truth. And, in the land of the Buddha who
preached Light and Gandhi who saw God as truth, in the largest democracy, going
by the electoral lists, statutory secrecy is enthroned, what with the official
Secrets Act, 1923 of the imperal vintage, and the Commissions of Enquiry Act,
1952, Atomic Energy Act, 1962, etc. all of Swaraj vintage, and a host of other
provisions scattered in the books, all to exclude evidence and none to inform.
The battle for informational swaraj needs awareness missiles. Usually we demand
freedom of information as part of the democratic process. Jefferson and Madison
drove home the fundamental nexus between the masses and the administration
through popular fuelled by public information.
“It is a dangerous power in the hands of a government; the right to determine
what shall be read and what shall be not. And it almost always fails to achieve
its object. Those who wish to do so can usually get hold of the prescribed book.
In India the power is likely to be misused and has been misused a hundred times.
We have to be careful therefore lest one right use of the power is held to
justify its misuse on scores of occasions.â€
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