Many media outlets and intellectuals are raising concerns about the freedom of the press today. Let us examine how this freedom of expression was repressed throughout Nehru Gandhi’s reign. The emergency era was simply a macrocosm of that.
Meaning of freedom of press
Article 19(1) (a) of the Constitution does not directly address journalistic freedom. Dr Babasaheb Ambedkar, Chairman of the Drafting Committee, made it clear during the Constituent Assembly debates that no special mention of press freedom was required because the press and an individual or a citizen were the same in terms of their right to express themselves. In the case of the Union of India v/s Association for Democratic Reforms, the Supreme Court stated that “freedom of speech and expression includes the right to impart and receive information, as well as the freedom to hold opinions.” In Indian Express Newspapers v/s Union of India, it has been held that the press plays a very significant role in the democratic machinery. Dr Babasaheb Ambedkar’s thought process was criticized and never taken seriously since it contradicted then-Prime Minister Nehru’s personal agenda on numerous occasions.
The courts have the duty to protect journalistic freedom and to overturn any laws or administrative measures that restrict it. In Romesh Thappar vs State of Madras, the Supreme Court defined freedom of speech or expression to include the press. The Supreme Court stated in LIC v/s Manubhai Shah, as it did in Indian Express Newspapers vs Union of India, that freedom to spread one’s opinions can occur through word of mouth, writing, or audiovisual medium. This right to circulate includes the ability to control the volume of circulation. As a result, there is no doubt that journalistic independence is today acknowledged as a basic human right.
Jawaharlal Nehru
The then Prime Minister Nehru had justified curbing press freedom through his draconian Press (Objectionable Matter) Act, 1951. This lack of freedom of expression was also visible when poet and lyricist Majrooh Sultanpuri was arrested and spent a year in jail for writing a poem critical of Nehru. During Nehru’s rule in 1951, the Chief Commissioner of Delhi passed an order against the Organiser, a nationalist English weekly, under the East Punjab Public Safety Act, directing the newspaper to submit for scrutiny before publication all articles, news, cartoons, analyses and pictures relating to communal issues or Pakistan for printing truthful materials with respect to the partition.
Pandit Jawaharlal Nehru allegedly had a column in the ‘Times of India’ discontinued. It was formerly authored under the pen name ‘Vivek’ by civil worker AD Gorwala. It was cancelled because it was too critical of him. Nehru’s Congress administration outlawed the publication Crossroads. The Supreme Court later overturned the magazine’s ban, but Nehru got around the decision on Organiser and Cross Roads by using the First Amendment to the Indian Constitution.
Indira Gandhi
After Stalin’s Russia, India under Indira Gandhi saw the worst onslaught on free speech and journalism anywhere in the world. Hundreds of journalists were imprisoned during the Emergency she imposed on the country, others were arrested for writing critically of the Government, and the independent press was forced to fight for its survival. During Indira Gandhi’s Emergency, freedom of expression was curtailed as never before. India has dropped in the global index of press freedom. Censorship was the order of the day, with the Government scrutinizing every bit of news that was to be published before it went to print.
In the early hours of June 26, 1975, then-President Fakhruddin Ali Ahmed announced a state of Emergency in India, citing “internal disturbances” as a threat to national security. Indira Gandhi, the then-Prime Minister, banned civil freedoms, including free press, and the Constitution was revised and altered. During the Emergency, journalists, Opposition politicians, and activists were imprisoned under Indira Gandhi’s severe regime.
Arrests, threats
The majority of the mainstream media’s periodicals and magazines were subject to the wrath of the Emergency. Some were threatened with expulsion from publications, while others were imprisoned. The Indian Express and The Statesman were the first to complain in their respective editions. The editorial pages of The Indian Express and The Statesman were left blank as a gesture of protest. This was quickly followed by further publications. According to IE, journalists from The Times of London, The Washington Post, and The Los Angeles Times were barred from entering the country. Following threats, the Guardian and The Economist’s correspondents returned to the United Kingdom.
The BBC’s voice, Mark Tully, was likewise removed by the network. According to the Home Ministry, about 7,000 journalists and media people were arrested in May 1976. According to a Freedom House global assessment, India’s position in the freedom of the press, which was third in the early 1970s, was dropped to 34th in 1975-1977. The New York Times reported on December 28, 1975, that the stringent restrictions on the press in India had dealt a significant blow to the democratic society.
During the crises, RSS-inspired periodicals and magazines played a critical role. This was one of the reasons why many such periodicals and newspapers were targeted by the Government. Panchjanya, Organiser, Motherland, Tarun Bharat, Vivek, Vikram, Rashtradharm, and Yugdharm are a few examples. KR Malkani, the editor of Motherland and the organizer, was the first journalist imprisoned during the Emergency and remained in jail till it ended.
Rajiv Gandhi
In July 1988, Gandhi introduced what became known as one of the most punitive bills drafted by the Indian Government. The Prime Minister’s intention to prevent ‘criminal imputation’ and ‘scurrilous writings’ resulted in the defamation statute. A comprehensive coverage of the Bofors controversy by the Hindu and the Indian Express, which implicated senior Congress party politicians, including the Prime Minister, allegedly forced him to introduce the policy. “We will request that they (the Press) read the bill.” We are completely sure that the bill is required. I am personally sure that we are on the right track.” Gandhi spoke in a press conference on September 4, 1988.
However, it was not just a united media that jolted the Congress leader into withdrawing the bill. Lawyers, students, trade unionists, and intellectuals all took to the streets to condemn the Government’s dictatorial move. The resistance of members of Congress, on the other hand, was noteworthy. The bill was strongly opposed by the majority of senior members of Congress. (Source: Freepress Journal, Indian Express, Opindia, The Organiser, The Newyork Times)
The dynastic rulers have always acted against democratic voices in order to advance their own agenda, which has harmed the very core values of “Bharatiyatva.” What would happen if the current central Government did just 10% of what the dynasties did to media outlets and the intellectual class? We, as Bharatiyas, must continue to strive for “Bharatiyatva” in order to become “Vishwaguru” again.
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