Wednesday, August 26, 2009

Thought control is alien to our constitutional scheme

[ASPIRATION Permalink Reply by Barindranath Chaki
I don't think Peter Heeh and his so-called biography should be of any consideration, any value. The book "Lives of Sri Aurobindo" is an anti-Divine move and it will be lost soon in the darkness, as will Peter do. Sri Aurobindo is not only a great Thinker or a Great Master, He is the Forerunner of the New World, the Turning Point for the Human Race, the Leader of the Next Evolution. He is truly the Avatar.]

[“Our Constitution permits a free trade, if we can use the expression, in ideas and ideologies. It guarantees freedom of thought and expression - the only limitation being a law in terms of clause (2) of Article 19 of the Constitution. Thought control is alien to our constitutional scheme?” The ban and the law]

[“We have already observed that the very purpose of writing the article is a sort of historical research and it is based on a number of reference books and other material. It is true that sometimes in a given case even a truthful account may come within the mischief of S. 153A. But this will be too broad a proposition. Different considerations will prevail when we are to consider a scholarly article on history and religion based upon research with the help of a number of reference books. It will be very difficult for the state to contend that a narration of history would promote violence, enmity or hatred. If such a convention is accepted, a day will come when that part of history which is unpalatable to a particular religion will have to be kept in cold storage on the pretext that the publication of such history would constitute an offence punishable under S. 153A of the IPC. We do not think that the scope of S. 153A can be enlarged to such an extent with a view to thwart history. For obvious reasons, history and historical events cannot be allowed to be looked upon as a secret on a specious plea that if the history is made known to a person who is interested to know the history, there is likelihood of someone else being hurt. Similarly, an article containing a historical research cannot be allowed to be thwarted on such a plea that the publication of such a material would be hit by S. 153A. Otherwise, the position will be very precarious. A nation will have to forget its own history and in due course the nation will have no history at all.” The ban and the law]

[Again and again, the Court points out that the book must be read as a whole and that its purpose must always be kept in mind... "We must practice tolerance to the views of others. Intolerance is as much dangerous to democracy as to the person himself.” The ban and the law by Arun Shourie Tags : Jaswant Singh, arun shourie, Sardar Patel, BJP Posted: Wednesday, Aug 26, 2009
Someone must also have realised that not being ‘acceptable’ to a state is not a ground on which a book can be banned under our Constitution and laws. Nonetheless the ban was notified — even as the seniormost officials of the state government were testifying that they did not know the reasons for the ban.]

Let's hope that the ban on the book, The Lives of Sri Aurobindo by Peter Heehs receives such expert scrutiny. [TNM]

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