Nissim Mannathukkaren on Freedom of expression in India

“While all governments, in varying degrees, try to muzzle free speech or physically intimidate journalists, what is radically different under the Modi dispensation is the wider climate of intolerance fostered by the combustible combination of religion and nationalism aided by state power. This has led to unprecedented attacks against religious minorities on accusations like possessing/eating beef or the killings of those who are critics of the government. Dissent and criticism of government has been construed as an anti-national activity clearly demonstrated by the 40 sedition cases filed in 2016.”

“Jokes making fun of Mr. Modi, or Facebook posts of lay citizens, and films criticizing his government are met with police complaints, legal cases, and threats by the ruling party and its larger ideological family. BJP-led state governments have also introduced draconian bills to curb free speech. India’s democracy is at a critical juncture. After the Emergency declared by the Congress government in 1975 which legally curbed press freedoms, we have not witnessed such levels of abnegation of free speech. (The otherwise-activist Indian judiciary too has maintained a deafening silence on the judge’s death.) It would not be wrong to consider this present conjuncture as marking a deterioration in that regard.”

“Generally, the death of a judge, in what seem to be mysterious circumstances, while presiding over a case against the second most powerful person in the country, and the closest associate of the head of the government, would be make prime-time television in a democracy. Similarly, the allegations of corruption against the family of the same person would have garnered media attention. But recent events in India prove otherwise. [...] But the more damaging development has been the role of the mainstream media in the face of government attempts to muzzle it. Just as in the judge story, there was silence about the corruption story in the media. Even when there was coverage, it was more about the defamation case filed by Mr. Shah rather than the merits of story itself. The rare television channel that has sometimes been critical of the Modi government and faced its wrath for doing so, succumbed, pulling down reportage about the Shah story. This is an extraordinary level of submissiveness displayed by the media. This must also be read in the context of the largest democracy’s abysmal ranking in the World Press Freedom Index. Last year, India ranked 133 out of 18 countries. And this year, it has declined to 136. Recently, the main mode of intimidation against journalists doing investigative stories has been through Strategic Lawsuits against Public Participation (SLAPPs), like the one filed by Mr. Shah. Journalists face severe challenges, including physical violence and threat to life, in carrying out their work. [...] So, the emerging “manufacture of consent” in favor of the ruling government does not happen only through active participation, or self-censorship on criticism by the media, but also as a result of the egregious threats that the media personnel face.”