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FoE, Nupur Sharma, and the SC of India.

What? Why? No. Under what legal umbrella and after what deliberation or argument has the Supreme Court decided that (1) she is guilty of a crime, and (2) they can sentence her to an apology? What are oral remarks worth anyway? Why wade into controversy where no more is needed?

I truly don’t get it. There can only be two questions:

  1. Under current law, what crime, if any, is she guilty of under which section of the IPC?
  2. What is the prescribed punishment for the said crime?

The SC cannot arrogate to itself some kind of moral policing authority. It has none. This whole ‘keeper of the nation’s conscience’ nonsense has gone too far. Just do your jobs, please. Keep your personal opinions to yourself.

You see, when parents of 5 or 6yo siblings are approached by crying kids to adjudicate a squabble that they couldn’t be bothered to go into the depths of, even to the extent of what the matter is about, their go-to strategy is to make them both apologise (‘like you mean it’), shake hands, and hug/kiss.

How old does the SC think Nupur is? 6? And what do they think they are? Bored parents?

As the saying goes, in a trial, both parties know who’s at fault, as do their lawyers. Indeed, it is the judge that is on trial. Dear justices of our Supreme Court, remember that your noble duty is to uphold and safeguard the idea of India by interpreting the laws made by the legislature (and in some cases, keeping the legislature in check). Considering the citizens as some sort of juveniles that need patronising isn’t helping.

My stand, as an extreme free-speech advocate is as follows:

  1. Freedom of speech is every Indian’s right. Speech that offends others is part of one’s right to freedom of speech & expression, indeed, defines such a right.
  2. Blasphemy means nothing in a secular democracy. Everything that had to be covered is covered under the right to freedom of speech & expression.
  3. Sections of the Indian law that pertain to instigating violence and communal disharmony must be subservient to the right to freedom of speech & expression. We have, unfortunately, set the wrong precedents. It is time to reverse it.
  4. Nupur Sharma is a toxic, hatemongering, sociopathic, fascist-enabler. But that does not mean she must be punished and jailed for exercising the very rights she and the party she represents wishes to take away from others. If we behave like them, we become them.
  5. The exact same standards for freedom of speech & expression must be applied to every case of such freedoms being used by Indians. This must apply equally to those who speak and utter words that others claim offend their Hindu gods and sensibilities. This must apply to Christians and Sikhs. And this must apply to the demi-gods we have put on pedestals: our political leadership.

Hope this clarifies things.

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